Common use of Services and Utilities Clause in Contracts

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 3 contracts

Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)

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Services and Utilities. Landlord shall agrees to furnish all normal services and utilities such as elevator serviceto the Premises during normal business hours on generally recognized business days, lighting replacement including the hours between 8:00 a.m. and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for building standard lights, restroom supplies, window washing, janitorial servicesthe Common Area), heating, ventilation and air conditioning (HVAC) maintenance, landscape maintenance, parking lot sweeping, pest control servicesas required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises, and fire alarm monitoring in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-five dollars (if installed $75.00) per hour of additional usage subject to change, based on Landlords costs to provide such services; window washing and required) janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide watersupply common area water for drinking, sewercleaning and restroom purposes only and elevator services Tenant, electricat Tenant’s sole cost and expense, gas shall supply all paper and trash removal services to the building as required. Provided that Tenant is not in default hereunderother products used, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of within the Premises. The normally recognized business hours for Upon Tenant’s request, Landlord shall replace light bulbs and ballasts in the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitoredPremises, and Tenant shall pay Landlord for the cost of such light bulbs and ballasts plus Landlord’s direct charges therefore reasonable administrative and labor costs associated with light bulb and ballast replacement. During normal business hours on demand. generally recognized business days, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the BuildingBuilding and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35 hereof. Tenant shall be entitled through the transmission facilities installed in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and computer and data processing equipment. Tenant shall pay to Landlord from and after the Commencement Date, as Additional Rent in accordance with Section 6.1., a sum to reimburse Landlord for all electricity used by Tenant to power the lights and electricity outlets located in the Premises (the Tenant Electric Amount). The Tenant Electric Amount shall be based on a separate meter survey conducted by a licensed independent electrical engineer selected by Landlord with respect to such parties reasonable estimate of Tenant’s usage. The Tenant Electric Amount shall be adjusted from time to time during the Term if (i) there is an increase in electric energy rates, (ii) Tenant installs additional fixtures, appliances or equipment, with or without Landlord’s consent, or (iii) Tenant otherwise uses a disproportionate or increased amount of electric energy, as determined by a separate meter survey conducted by a licensed independent electrical engineer selected by Landlord. Periodically, Landlord shall conduct an energy usage survey by a qualified energy surveyor. The cost of any and all such surveys shall be paid by Landlord, unless requested by Tenant, in which event, Tenant shall pay for such cost within twenty (20) days after Landlord’s demand. Notwithstanding anything to the contrary contained herein, Landlord may, at its option, at any time during the Term, arrange to have electric usage directly metered or submetered to the Premises, in which event Tenant will pay the utility company (or Landlord in the event of submetering without any profit or xxxx-up to Landlord) for such usage. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Project, and, in such event, Tenant shall pay for electric current supplied to, or used, in the Premises at the rate prevailing for Tenant’s class of use as established by such company or companies. Electric current shall be measured in a consistent, commercially reasonable manner and shall be billed by Landlord as Additional Rent and paid by Tenant on a monthly basis. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, at any time and from time to time during the Term, to contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (ia) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (iib) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iiic) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Project, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or through, in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses heat generating machines or equipment that generates excessive heat in the Premises which affect that affects the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon within thirty (30) days of demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costtherefor.

Appears in 3 contracts

Samples: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)

Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish all the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control servicesconditioning, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the areaelevator service during ordinary business hours. Landlord shall also provide waterlight replacement service for Landlord-furnished lighting, sewertoilet room supplies, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises window washing at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipmentreasonable intervals, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlordcustomary building janitorial service. Landlord shall not be liable except where Landlord is found to be grossly negligent Tenant for a any loss of or injury to property damage caused by or businessresulting from any variation, however occurringinterruption, through or in connection with or incidental to failure to furnish such services due to any cause whatsoever. No temporary interruption or failure of such servicesservices incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses heat generating machines or any high-power-usage equipment in the Premises which affect Premises, Tenant shall in advance, on the temperature otherwise maintained first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including as the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied furnishing electricity for the use operation of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumedsuch equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged furnishing electricity for such services by the local public utilitypurpose unless so stated herein. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account request of the utilities so consumed. Tenant shall be responsible for the maintenance and repair Landlord, written proof of any such meters at its sole costpayment.

Appears in 3 contracts

Samples: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)

Services and Utilities. 14.1 From and after the Lease Commencement Date, Landlord shall furnish all normal services will provide to the Premises, consistent with general (non-medical and utilities such as elevator service, lighting replacement non-governmental) office purposes for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable first class office buildings in the area. Landlord shall also provide water, sewer, electric, gas Building’s submarket: air-conditioning and trash removal services to heating during the building as required. Provided that Tenant is not seasons they are required in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Landlord’s reasonable judgment substantially in accordance with Exhibit H; janitorial service on Monday through Friday (or, at Landlord’s option, Sunday through Thursday) only (excluding Holidays) substantially in accordance with Exhibit G, electric power from the utility provider at estimated 13 xxxxx per square foot for Tenant’s use (plus an estimated 6 xxxxx from the generator); standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except Holidaysin the event of an emergency), ; landscaping and 8:00 am to 1:00 p.m. on Saturdayssnow removal during the seasons they are required; and exterior window-cleaning service. If Tenant desires HVAC and/or electricity at any other timerequires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside gives Landlord advance notice of such requirement (by 2:00 p.m. of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitoredsame day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). Tenant shall pay for such extra service in accordance with Landlord’s direct charges therefore on demandthen-current schedule, which shall reflect Landlord’s cost of providing such service (including a reasonable activation fee but without a profit increment. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord shall also maintain and keep lighted to the common stairs, common entries and restrooms in Premises directly from the Building. Landlord supplier (which Tenant shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure permitted to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of do without Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project’s prior written consent, which has been imposed upon the Landlord. Landlord consent shall not be liable except where Landlord is found unreasonably withheld, conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment do business in the Premises jurisdiction in which affect the temperature Building is located and otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand approved by Landlord. Should Tenant consume water or electric current shall have access to the Building twenty-four (24) hours per day each day of the year (except in excess the event of that usually furnished or supplied for the use of premises as general office space an emergency). Landlord may have installed provide a water meter card key (or electrical current meter in similar type of) access system to provide access to the Premises to measure Building and the amount Parking Facility at times other than Building Hours. A reasonable number of water access cards or electric current consumed. The cost other means of any such meter and its installation, maintenance and repair access shall be paid provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityreplacement cards). If a separate meter is not installed, the excess cost for such water and electric current Such access cards shall be established by an estimate made by a utility company or an electrical engineer hired jointly issued by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities specific individuals that are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged designated by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumedTenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be responsible for the maintenance required to sign in and repair of any such meters at its sole costout.

Appears in 2 contracts

Samples: Office Lease Agreement (Wells Real Estate Fund Xi L P), Office Lease Agreement (Wells Real Estate Fund Xi L P)

Services and Utilities. 14.1 Landlord shall furnish all normal services manage and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation operate (or cause to be managed and air conditioning (“HVAC”operated) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) the Building in a manner that such services are customarily furnished to consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) xxxxx per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall also provide water, sewer, electric, gas and trash removal services a card key (or similar type of) access system to provide access to the building as requiredBuilding at times other than Building Hours. Provided A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant is not in default hereunder, for replacement cards). Such access cards shall be issued by Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building specific individuals that are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated designated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be responsible for the maintenance required to sign in and repair of any such meters at its sole costout.

Appears in 2 contracts

Samples: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)

Services and Utilities. Landlord 13.1 Provided Tenant shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control servicesnot be in default under this Lease, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal desk top office equipmentuse. To the extent that Tenant is not billed directly by a public utility, .normal copying equipmentTenant shall pay, technical equipmentwithin five (5) days of Landlord’s demand, and “HVAC” as is reasonably required for the comfortable use and occupancy of all electricity used by Tenant in the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage charge shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installedAlternatively, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained may elect to include electricity costs in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the PremisesExpenses. In the event utilities are separately meteredabsence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged not be entitled to, any abatement or reduction of rental by the local public utility plus reason of Landlord’s failure to furnish any additional expense incurred by Landlord in keeping account of the utilities so consumed. foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be responsible for the maintenance and repair liable when such failure is caused by accident, breakage, repairs, labor disputes of any such meters at its sole costcharacter, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.

Appears in 2 contracts

Samples: Office Lease (Schrodinger, Inc.), Petro Resources Corp

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord Lessor agrees to furnish to the Premises at all times premises during reasonable hours of generally recognized business days, electricity for normal desk top office equipment, .normal copying equipment, technical equipmentto be determined by Lessor, and “HVAC” as is reasonably required subject to the rules and regulations of the building of which the premises are a part, water and electricity suitable for the intended use of the premises, heat and air conditioning necessary for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)premises, and 8:00 am to 1:00 p.m. on Saturdaysjanitorial service. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord Lessor shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the Buildingbuilding of which the demised premises are a part. Landlord Lessee shall not be in default hereunder entitled to any abatement or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Lessor's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accidents, breakage, repairs, strikes, lockouts of other labor disturbances or labor disputes of any condition character, or event by any other similar cause, beyond the reasonable control of LandlordLessor; provided, or by the making of necessary repairs or improvements should Lessor fail to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent furnish such services for a loss continuous period of or injury time in excess of ten (10) days unless the result of causes beyond Lessor's reasonable control, Lessee shall, as of the eleventh (11th) day have the right to property or business, however occurring, through or in connection with or incidental to reduce its rental by reason of such failure to furnish any such supply services. If Tenant uses Wherever heat generating machines or equipment are used in the Premises premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord . Lessor reserves the right to install supplementary air conditioning units in the Premises premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant Lessee to Landlord Lessor upon demand by LandlordLessor. Should Tenant consume Lessee will not, without the written consent of Lessor, use any apparatus or device in the premises, including but without limitation thereto, computers, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the premises as general office space; nor connect with electric current, except through existing electrical outlets in the premises, or water pipes, any apparatus or device, for the purposes of using electric current or water. If Lessee shall require water or electric current in excess of that usually furnished or supplied for the use of the premises as general office space Landlord space, Lessee shall first procure the consent of Lessor, which Lessor may have installed refuse, to the use thereof and Leasee may cause a water meter or electrical electric current meter to be installed in the Premises premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its installation, maintenance and repair thereof shall be paid for by the Tenant Lessee and Tenant Lessee agrees to pay to Landlord Lessor promptly upon demand therefor by Lessor for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installedutility furnishing the same, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense expenses incurred by Landlord in keeping account of the utilities water and electric current so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 2 contracts

Samples: Lease (Citysearch Inc), Ticketmaster Online Citysearch Inc

Services and Utilities. Landlord shall agrees to furnish all to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal services desk top office equipment and utilities such as elevator servicenormal copying equipment, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, and heating, ventilation and air conditioning ("HVAC") maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) as required in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required Landlord's reasonable judgement for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore 's actual costs therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 2 contracts

Samples: Dovebid Inc, Dovebid Inc

Services and Utilities. Landlord (a) Tenant shall furnish be solely responsible for obtaining service and thereafter paying the cost of all normal electrical service required for Tenant's use of the Premises, which includes, but is not limited to, electrical services and utilities such as elevator service, lighting replacement required for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation the heating and air conditioning system ("HVAC") maintenance, landscape maintenance, parking lot sweeping, pest control servicesfor the Premises, and fire alarm monitoring (if installed the use of the Premises by Tenant. In this regard, the Premises shall be separately metered for electrical consumption and required) in a manner that Tenant shall pay all such services are customarily furnished amounts due prior to comparable office buildings delinquency. As provided in the area. Work Letter Agreement (which includes the agreed upon electrical specifications for the Premises), Landlord shall also provide water, sewer, electric, gas and trash removal services cause all electrical distribution to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of be installed within the Premises. The normally recognized business hours for the Building are as follows: 7:00 am failure of such electrical service to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements provided to the Premises, Building or Projectany cessation thereof, shall not render Landlord liable in any respect for damages to either person or property, nor be construed an eviction of Tenant, nor cause an abatement of rent, or (iii) relieve Tenant from the limitation, curtailment fulfillment of any covenant or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlordagreement thereof. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses Whenever heat generating machines or equipment are used in the Premises which or Tenant's use of the Premises beyond customary business hours (7:00 a.m. to 7:00 p.m., Monday through Friday, and 7:00 a.m. to 12:00 p.m. on Saturdays (federal and state holidays excepted) ("BUSINESS HOURS")) adversely affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in for the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible entitled to access to the Premises twenty-four (24) hours a day, seven (7) days a week. Landlord shall maintain and keep lighted the common stairs, common entries and toilet rooms in the Building. Subject to Tenant's obligation to pay for the maintenance required electricity, Landlord shall cause the HVAC to maintain the Premises at an approximate range of between 72 degrees and repair 74 degrees Fahrenheit (plus or minus 2 degrees Fahrenheit) during the Business Hours, which service shall be provided to the Premises by HVAC system described in the Work Letter Agreement. As set forth in the Work Letter Agreement, the Premises shall comply with the requirements of ASHRAE Standard 62-1989 (20 CFM per occupant for office type occupancy or as otherwise required by applicable law). Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property; person or Tenant's business occurring through or in connection with or incidental to failure to furnish such meters at its sole costutilities.

Appears in 2 contracts

Samples: Office Building Lease (Abacus Direct Corp), Office Building Lease (Doubleclick Inc)

Services and Utilities. 14.1 From and after the Lease Commencement Date, Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also will provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not Premises: air-conditioning and heating during the seasons they are required in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Landlord’s reasonable judgment; janitorial service after 5:30 p.m. on Monday through Friday (except or, at Landlord’s option, Sunday through Thursday) only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and 8:00 am to 1:00 p.m. on Saturdayssnow removal during the seasons they are required; and exterior window-cleaning service. If Tenant desires HVAC and/or electricity at any other timerequires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside gives Landlord advance notice of such requirement (by 2:00 p.m. of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitoredsame day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). Tenant shall pay for such extra service in accordance with Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairsthen-current schedule (including an activation or administrative fee) (currently $85.00 per hour); provided however, common entries and restrooms if such extra service is required by multiple tenants in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible only for its allocable portion of the maintenance costs of such extra service and repair of any such meters activation or administrative fee. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building and the Parking Facility at times other than Building Hours. A reasonable number of access cards or other means of access (not to exceed the Access Card Allotment shall be provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Upon obtaining Landlord’s prior written consent, Tenant shall be permitted to install its sole costown security system in the Premises; provided, that Tenant shall be solely responsible for maintaining such system and removing the system upon the expiration or earlier termination of the Lease. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Dendreon Corp)

Services and Utilities. Landlord Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all normal services electric light bulbs, tubes and utilities such as elevator serviceballasts, battery packs for emergency lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that extinguishers after the Commencement Date of this Lease. If any such services are customarily furnished not separately metered to comparable office buildings in the area. Landlord shall also provide waterTenant, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord’s direct . Any such charges therefore on demandpaid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Landlord shall also maintain and keep lighted Tenant will not, without the common stairswritten consent of Landlord, common entries and restrooms contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall not be in default hereunder or no event be liable for any damages directly interruption or indirectly resulting from, nor shall the Rent be abated by reason failure of (i) the installation, use utility services on or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In Landlord shall use all commercially reasonable efforts to restore any service required of it that becomes unavailable. Notwithstanding the event utilities are separately meteredforegoing, if Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by is prevented from using the local public utility plus any additional expense incurred by Landlord in keeping account Premises because of the utilities so consumed. unavailability of any such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be responsible entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the maintenance and repair of any such meters at its sole costPremises.

Appears in 2 contracts

Samples: Commencement Date Agreement (Reata Pharmaceuticals Inc), Commencement Date Agreement (Reata Pharmaceuticals Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning (“HVAC”) as is reasonably required in Landlord’s judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (iI) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, computers, servers and associated equipment using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of Premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises Premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 2 contracts

Samples: Commercial Lease (Investment Grade R.E. Income Fund, L.P.), Commercial Lease (Investment Grade R.E. Income Fund, L.P.)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 2 contracts

Samples: Office Building Lease (Photon Dynamics Inc), Hangar Lease (Air Methods Corp)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times its reasonable discretion (minimum 8:00 a.m. - 6:00 p.m. Monday through Friday) and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), Premises and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandjanitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing unless such servicesloss or injury is caused by the negligence or willful misconduct of Landlord or Landlord's agents. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way materially increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, to the use thereof and Landlord may have installed cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use, or otherwise charge Tenant the reasonably estimated cost thereof. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said metersmeters or estimate, at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 2 contracts

Samples: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunderhereunder and except as otherwise provided herein, Landlord agrees to furnish to the Premises at all times during hours determined by Landlord in its sole discretion and subject to (i) the Rules and Regulations of the Building or Project, (ii) applicable governmental rules, regulations and guidelines, and (iii) the rules or actions of the public utility furnishing the same, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's sole discretion for the comfortable use and occupancy of the Premises. The normally recognized Premises during reasonable business hours for the Building are as follows: 7:00 am to 6:00 pm hours, Monday through Friday (except Friday, excluding Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore on demandtherefrom demand as additional rent hereunder. Landlord shall also maintain and keep lighted the common stairsareas, common entries and restrooms in the Building; provided, however, that lighting for any or all of the foregoing areas may be operated under automatic sensor devices. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to Tenant's property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which that affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord as additional rent hereunder. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of Premises as general office space, as determined in Landlord's sole discretion. Should Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space (as determined in Landlord' s sole discretion), without first procuring the written consent of Landlord, which Landlord may refuse in Landlord's sole and absolute discretion. Landlord may have installed a water meter or electrical current electric meter in the Premises to measure the amount of water or electric current electricity consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained Landlord shall furnish elevator service, janitorial service, lighting replacement for building standard lights, restroom supplies, and window washing in this Section shall restrict Landlord’s right to require at any time separate metering of utilities a manner that such services are customarily furnished to comparable office buildings in the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costarea.

Appears in 2 contracts

Samples: Office Suite Lease Agreement (High Desert Holding Corp.), Office Suite Lease Agreement (High Desert Holding Corp.)

Services and Utilities. 13.1 Landlord shall furnish all normal provide the Premises with services and utilities such meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) otherwise provided in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunderExhibit F, Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for normal desk top office equipmentlighting, .normal copying equipment, technical equipment, convenience outlets and “HVAC” as is reasonably required for the comfortable use other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and occupancy of the Premises. The normally janitorial service after Building Business Hours on generally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday days (except Holidaysbut exclusive in any event of Saturdays, Sundays and national and local legal holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted be responsible for snow removal in a manner consistent with properties of a similar caliber to the common stairs, common entries and restrooms Park in the BuildingBedford, Massachusetts area. Landlord Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall not be in default hereunder or be liable for any damages directly or indirectly resulting frompay, nor shall the Rent be abated by reason of within thirty (i30) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control days of Landlord’s demand, or for all electricity used by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, charge shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installedLandlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the excess cost for such water and electric current shall restoration of any utility or other service required to be established by an estimate made by a utility company or an electrical engineer hired jointly provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair restoration of any such meters at its sole costutility or other service is within Landlord’s reasonable control (subject in all cases to delays caused by Force Majeure), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the Premises that Tenant is unable to use as a result of such failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any such utility or other service (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).

Appears in 2 contracts

Samples: Lease (ConforMIS Inc), Lease (ConforMIS Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord’s judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandjanitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord’s failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental related to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 2 contracts

Samples: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours on generally recognized business days, to be determined by Landlord at all times his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord’s judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandjanitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord’s failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises Premises, to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility furnishing the same, plus and additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 2 contracts

Samples: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)

Services and Utilities. Landlord's Obligations. Landlord shall furnish all normal be obligated to provide the following services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning utilities: (“HVAC”i) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring maintenance of the Building interior (if installed any) and required) exterior Common Areas in a manner that such services are customarily furnished comparable to comparable other first class office buildings located in Jacksonville, Florida; (ii) HVAC service to Common Areas only; (iii) landscaping maintenance; (iv) electrical utility service to interior and exterior Common Areas only; (v) pest control service to the areaPremises and all interior and exterior Common Areas; (vi) janitorial services to interior Common Areas, if any; (vii) window washing and pressure washing of Building exterior surfaces only; (viii) regular sweeping and maintenance of parking lot. including lighting: (ix) maintenance of elevators, if any, and any other equipment serving the Building or the Project tenants generally; (x) regular removal of typical administrative office trash from the dumpsters or other receptacles located in and around the Project as designated by Landlord for Tenant's disposal of such trash; and (xi) security service to the Premises and the Project, including without limitation the Common Areas and parking facilities, such security to be provided by unarmed security guards in stationary locations and/or on mobile patrol during the hours of 6:00 PM to 6:00 AM, Monday through Thursday, and 6:00 PM on Friday through 6:00 AM on Monday, and 24-hours per day on all federal, state and local observed holidays. Project security will be provided by Landlord's Project operation personnel during all other times. Landlord may, at Landlord's reasonable discretion, install cameras, sensors and alarm systems which monitor access points of interior courtyard areas. Tenant's Obligations. Tenant shall, at Tenant's expense, obtain metered electrical power service to the Premises. Tenant shall promptly pay all expenses related to electrical power usage for the Premises and the HVAC equipment serving the Premises. Landlord shall also not be responsible for any interruption to Tenant's HVAC system or electrical power service, except as may be due to negligence or willful misconduct of Landlord, its employees, contractors or agents. Tenant shall, at Tenant's expense, provide water, sewer, electric, gas to the Premises (but not the Common Areas): (a) regular janitorial and trash removal services to the building as required. Provided that Tenant is not in default hereunderservices, Landlord agrees to furnish to all trash removed from the Premises at to be placed in those dumpsters and other receptacles as designated by Landlord; (b) regular periodic cleaning of the carpets and other floor coverings as necessary to maintain same in good condition; (c) regular cleaning of the interior surfaces of all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, windows and “HVAC” walls within the Premises: periodic repainting and replacement of carpet and other floor coverings as is reasonably required for the comfortable necessary to maintain same in good and serviceable condition; and (e) any other service deemed necessary by Tenant in connection with Tenant's use and occupancy of the Premises. The normally recognized business hours for , other than the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand provided hereunder by Landlord. Should Tenant's permitted use of the Premises generate trash or other waste of a type not normally classified as office trash or in a volume disproportionate to the floor area of the Premises, Tenant consume water or electric current in excess of that usually furnished or supplied shall reimburse Landlord on a monthly basis for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter extra removal service or the placement and its installation, maintenance and repair shall be paid for by the servicing of any additional or special dumpsters or other special receptacles. Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said metersshall, at the rates charged for such services by the local public utility. If a separate meter is not installedTenant's expense, the excess cost for such water install, repair and electric current shall be established by an estimate made by a utility company maintain all voice and data communication wiring and equipment necessary or an electrical engineer hired jointly by Landlord and Tenant and at desirable to Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering 's use of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Office Lease Agreement (E Loan Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial the following services, heating, ventilation and : (a) air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) heating in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm season Monday through Friday (except Holidays)from 8:00 a.m. - 6:00 p.m., and Saturdays from 8:00 am a.m. - 1:00 p.m., Legal Holidays excluded; at other times, air conditioning and heating will be furnished at the then Building standard charge (payable by Tenant to 1:00 p.m. Landlord on Saturdays. If Tenant desires HVAC and/or electricity at any other timewritten demand by Landlord) and on then Building standard terms relating to advance notice, Tenant may override the HVAC and/or electricity system for additional heatingminimum hours, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitoredminimum zones, and Tenant shall pay Landlord’s direct charges therefore other matters; (b) janitorial and general cleaning service on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in Business Days; (c) passenger elevator service from the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements 's lobby to the Premises; (d) common restroom facilities and necessary lavatory supplies, including cold running water; and (e) electricity for the purposes of lighting and general office equipment use in amounts consistent with Building or Project, or standard electrical capacities for the Premises (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy excluding electricity for separately metered equipment exclusively serving the Premises, Building or Projectsuch as supplemental HVAC units, the costs for which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by receipt of an invoice from Landlord). Should Tenant consume water or electric current in excess of that usually furnished or supplied for Landlord shall have the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require select the Building's electric service provider and to switch providers at any time separate metering and to increase the normal business hours. Tenant's use of utilities electrical, HVAC or other services furnished by Landlord shall not exceed, either in voltage, rated capacity, use, or overall load, that which Landlord deems to be standard for the PremisesBuilding. In the event utilities are separately metered, Tenant shall pay promptly upon demand all costs associated with any such additional utility or service usage, including the installation of separate meters. In no event shall Landlord be liable for all utilities consumed at utility rates charged by damages resulting from the local public utility plus failure to furnish any additional expense incurred by service, and any interruption or failure shall in no manner entitle Tenant to any remedies including abatement of Rent. The HVAC air distribution system and control system will remain under the control of Landlord, who will regulate the systems' setting and adjustment. At Landlord's option, Landlord may secure HVAC controls (thermostats) in keeping account lockable metal boxes to regulate the efficiency and use of the utilities so consumedsystem. Tenant agrees that Landlord will have complete control over the setting and regulation of all air distribution, vents, vanes and dampers so as to provide comfortable working conditions. If at any time during the Lease Term the Project has any type of access control system for the Parking Areas or the Building, Landlord shall furnish Tenant, at Landlord's cost and expense, a number of access cards equal to the number of occupants of the Premises at the time such system is installed. Any replacement cards shall be responsible for purchased from Landlord by Tenant at the maintenance and repair of any such meters at its sole costthen Building standard charge.

Appears in 1 contract

Samples: Office Lease (Riot Blockchain, Inc.)

Services and Utilities. 14.1 Subject to Tenant’s performance of its obligations specified in this Lease, Landlord shall furnish all normal provide the following services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that consistent with the manner in which such services are customarily furnished to provided in comparable multi-story office buildings in Xxxxxxxxxx County, Maryland, taking into account the area. age, finishes on the Lease Commencement Date, method of construction and system design of the Building and of such comparable buildings: (a) Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to will furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, air-conditioning and “HVAC” as is reasonably heating during the seasons they are required for the comfortable use in Landlord’s reasonable judgment; and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm (b) Landlord will provide janitorial service on Monday through Friday after 5:00 p.m. (or, at Landlord’s option, Sunday through Thursday) only (excluding legal holidays) in accordance with the cleaning specifications which are attached hereto as Exhibit G, electricity sufficient for lighting purposes and normal office use only, hot and cold water for lavatory purposes and cold water for drinking purposes, elevator service (with at least one (1) elevator in operation at all times, except Holidaysin the event of an emergency), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlordexterior window-cleaning service. Landlord shall not be liable except where Landlord is found for any failure to be grossly negligent for a loss maintain comfortable atmosphere conditions in all or any portion of the Premises due to excessive heat generated by any equipment or injury to property or business, however occurring, through or in connection machinery installed by Tenant (with or incidental without Landlord’s consent), due to failure any adverse impact that Tenant’s furniture, equipment, machinery or millwork may have upon the delivery of HVAC to furnish any such servicesthe Premises or due to the occupancy load. If Tenant uses requires air-conditioning or heat generating machines or equipment beyond the Building Hours, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Tenant shall pay, as additional rent, for such extra service in accordance with Landlord’s then-current schedule, which shall reflect Landlord’s cost of providing such service, including labor, cost of electricity, wear and tear on equipment, and an allowance to cover general overhead. If the same after-hours service is also requested by other tenants on the same floor as Tenant, the charge therefor to each tenant requesting such after-hours service shall be a pro-rated amount based upon the square footage of the leased premises of all tenants on the same floor requesting such after-hours services. Notwithstanding anything above to the contrary, Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the Premises which affect the temperature otherwise maintained by the HVAC system, event of an emergency). Landlord reserves the right shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to install supplementary air conditioning units in reimbursement pursuant to Article V); all other bulbs and tubes for the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid provided and installed by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Office Lease Agreement (Capitalsource Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services13.1 Provided Tenant sha ll not be in default under this Lease, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord' s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service five (5) days per week only; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal desk top office equipmentuse. To the extent that Tenant is not billed directly by a public util ity, .normal copying equipmentTenant shall pay, technical equipmentwithin five (5) days of Landlord 's demand, and “HVAC” as is reasonably required for the comfortable use and occupancy of all electricity used by Tenant in the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage charge shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installedAlternatively, Landlord may elect to include electricity costs in Expenses. Landlord reserves the excess right to install electric and/or water meters in the Premises or any part thereof. The cost for of such water and electric current meters shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing Notwithstanding anything to the contrary contained in this Section Lease, provided there is no Event of Default under the Lease, electricity charges for the Initial Premise shall restrict Landlord’s right to require at any time separate metering be abated for the first year of utilities furnished to Term as set forth in the PremisesInitial Premises rent schedule on the Reference Pages. In the event utilities are separately meteredabsence of Landlord's gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged not be entitled to, any abatement or reduction of rental by the local public utility plus reason of Landlord's failure to furnish any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Txxxxx and provided further that Landlord shall not be responsible for the maintenance and repair liable when such fail ure is caused by accident, breakage, repairs, labor disputes of any such meters at its sole costcharacter, energy usage restrictions or by any other cause, sim ilar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.

Appears in 1 contract

Samples: Wageworks, Inc.

Services and Utilities. A. Subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord shall furnish all to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditions as usually furnished or supplied for use of the Premises for reasonable and normal services and utilities such office use as elevator serviceof the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting replacement for building standard lights, restroom supplies, window washingor equipment), janitorial services, heating, ventilation services during the times and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a the manner that such services are are, in Landlord's judgment, customarily furnished to in comparable first class office buildings in the immediate Foster City market area, and elevator service, which shall mean servxxx xxther by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges and agrees that Tenant's use of the Premises after ordinary business hours (defined as 7:00 a.m. to 6:00 p.m.) and outside of generally recognized business days (generally recognized business days shall not include Saturdays, Sundays, and legal holidays) imposes additional burden on the Project's janitorial services, fluorescent light tubes, HVAC and electrical service, and other common area utilities and services. Accordingly, any such after hours use of such utilities or other services will be made available and will be billed as an after-hour Rent assessment. After-hours use may be metered by Landlord shall also provide water, sewer, electric, gas and trash removal services with a bypass timer located on the applicable floors of the Building or through establishment of a monthly after hours assessment based upon Landlord's reasonable estimate of Tenant's usage. Such costs will be payable by Tenant to the building Landlord within thirty (30) days after demand as requiredAdditional Rent. Provided that Tenant is not in default hereunder, Landlord agrees to furnish keep and cause to be kept closed all window covering when necessary because of the Premises sun's position, and Tenant also agrees at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, to cooperate fully with Landlord and “HVAC” as is reasonably required to abide by all of the regulations and requirements which Landlord may prescribe for the comfortable use proper functioning and occupancy protection of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)electrical, and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hoursventilating and air conditioning systems. Such additional HVAC and/or electricity usage shall be electronically monitoredWherever heat-generating machines, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Parking License Agreement (Imanage Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during the hours of 7:00 am to 6:00 pm Monday through Friday and 8:00 am to 1:00 pm on Saturdays and subject to the Rules and Regulations of the Building or Project, electricity for light manufacturing and production assembly of medical devices, normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning (“HVAC”) as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other timetime for light manufacturing and production assembly of medical devices, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of or installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space and light manufacturing and production assembly of medical devices, without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter outlets in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed to as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, exterior window washing and janitorial services to the common areas in a manner that such services are customarily furnished to comparable office buildings in the area. Tenant IS responsible for janitorial services to their Premises.

Appears in 1 contract

Samples: Office Building Lease (Techniscan)

Services and Utilities. Landlord shall furnish the following services: (a) air conditioning and heating in season Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., legal holidays excluded; at other times, air conditioning and heating will be furnished at a Building standard charge (which is $35 per hour per zone as of the Date of this Lease and is subject to increase from time to time) and is payable by Tenant to Landlord on written demand by Landlord and on Building standard terms relating to advance notice, minimum hours, minimum zones, and other matters (Tenant shall pay its actual electricity consumption via separate meter for supplemental HVAC system installed in its server room); (b) janitorial and general cleaning service on business days; (c) passenger elevator service to all normal services floors of the Building; (d) restroom facilities and utilities such as elevator service, lighting replacement for building standard lights, restroom necessary lavatory supplies, window washing, janitorial services, heating, ventilation including cold running water; and air conditioning (“HVAC”e) maintenance, landscape maintenance, parking lot sweeping, pest control services, electricity for the purposes of lighting and fire alarm monitoring (if installed and required) general office equipment use in a manner that such services are customarily furnished to comparable office buildings in the areaamounts consistent with Building standard electrical capacities. Landlord shall also provide water, sewer, electric, gas have the right to select the Building’s electric service provider and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity switch providers at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside . Tenant’s use of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. electrical services furnished by Landlord shall also maintain and keep lighted the common stairsnot exceed, common entries and restrooms either in voltage, rated capacity, use, or overall load, that which Landlord deems to e standard for the Building. In no event shall Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall from the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines service, and any interruption or equipment failure shall in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by no manner entitle Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess any remedies including abatement of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumedRent. Tenant shall be responsible provided with a Building access card for each occupant of the maintenance Premises, at no charge. Any replacement cards must be purchased from Landlord at a Building standard charge (which is $10 per card as of the Date of this Lease and repair of any such meters at its sole costis subject to increase from time to time).

Appears in 1 contract

Samples: Lease (Alynx, Co.)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times premises during reasonable hours of generally recognized business days, to be determined by Landlord in his sole discretion and subject to the rules and regulations of the complex, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)premises, and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandjanitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries entries, and restrooms toilet rooms in the Buildingbuilding of which the premises are a part. Landlord shall not be in default hereunder or be liable for and Tenant shall not be entitled to any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts, or other labor disturbances or labor disputes of any condition character, or event by any other cause similar or dissimilar beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with with, or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises premises, and the cost thereof, thereof including the cost of installation, installation and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not without written consent of Landlord use any apparatus or device in the premises including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts which will in any way increase the amount of electricity usually furnished or supplied for the use of the premises as general office space; nor connect with electric current except through existing electrical outlets in the premises any apparatus or device for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished famished or supplied for the use of the premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed refuse, to the use thereof and Landlord may at his option either: (1) cause a water meter or electrical current meter to be installed in the Premises premises so as to measure the amount of water or and electric current consumed. The cost of consumed for any such meter and its installationuse; or (b) assess a reasonable charge in a constant amount to cover the maintenance, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility furnishing the same plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and engineer. Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished will permit access to the Premises. In the event utilities are separately meteredpremises during normal business hours to installers or repairmen of utility services, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord whether in keeping account furtherance of the utilities so consumed. Tenant shall be responsible for the maintenance and repair Tenant's services or those of any such meters at its sole costothers.

Appears in 1 contract

Samples: Office Building Lease (SmartCool Systems, Inc.)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord Xxxxxxxx agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Except with respect to the negligence or willful acts of Landlord, its agents or employees, Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Except with respect to the negligence or willful acts of Landlord, which has been imposed upon the Landlord. its agents or employees, Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, which consent shall not be unreasonably withheld use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may not unreasonably refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and Xxxxxx at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any reasonable additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. If the necessity of such meter installation was solely caused by Tenants non-typical use of the utilities. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Money Store Inc /Nj

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial the following services, heating, ventilation and : (a) air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) heating in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm season Monday through Friday (except Holidays)from 8:00 a.m. to 6:00 p.m., and 8:00 am Saturdays from 9:00 a.m. to 1:00 p.m. p.m., Legal Holidays excluded; at other times, air conditioning and heating will be furnished at the then Building standard charge (payable by Tenant to Landlord on Saturdays. If Tenant desires HVAC and/or electricity at any written demand by Landlord) and on then Building standard terms relating to advance notice, minimum hours, minimum zones, and other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside matters; (b) janitorial and general cleaning service on Business Days; (c) passenger elevator service to all floors of the normal business hours. Such additional HVAC and/or Building; (d) common restroom facilities and necessary lavatory supplies, including cold running water; and (e) electricity usage shall be electronically monitored, for the purposes of lighting and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted general office equipment use in amounts consistent with Building standard electrical capacities for the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable Premises (excluding electricity for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any separately metered equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy exclusively serving the Premises, Building or Projectsuch as supplemental HVAC units, the costs for which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand receipt of invoice from Landlord). Landlord shall have the right to select the Building’s electric service provider and to switch providers at any time. Tenant’s use of electrical, HVAC or other services furnished by Landlord. Should Tenant consume water Landlord shall not exceed, either in voltage, rated capacity, use, or electric current in excess of overall load, that usually furnished or supplied which Landlord deems to be standard for the use Building. Tenant shall pay all costs associated with any such additional utility usage, including the installation of premises separate meters. In no event shall Landlord be liable for damages resulting from the failure to furnish any service, and any interruption or failure shall in no manner entitle Tenant to any remedies including abatement of Rent.. If at any time during the Lease Term the Project has any type of access control system for the Parking Areas or the Building, Tenant shall purchase access cards for all occupants of the Premises from Landlord at the then Building standard charge. If Tenant desires any service which Landlord has not specifically agreed to provide in this Lease, such as general office space Landlord may have installed private security systems or telecommunications services serving the Premises, Tenant shall procure such service directly from a water meter or electrical reputable third party service provider (“Provider”) for Tenant’s own account. Tenant shall require each Provider to comply with the Building’s rules and regulations, all laws, and Landlord’s reasonable policies and practices for the Building. Tenant acknowledges Landlord’s current meter in policy that requires all Providers utilizing any area of the Project outside the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly approved by Landlord and Tenant and at Tenant’s expenseto enter into a written agreement acceptable to Landlord prior to gaining access to, or making any installations in or through, such area. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately meteredAccordingly, Tenant shall pay promptly upon demand give Landlord written notice sufficient for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costpurposes.

Appears in 1 contract

Samples: Office Lease (FlexShopper, Inc.)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord (From 7:00 a.m. to 6:00 p.m. Monday - Friday, excluding legal holidays) in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditions (“HVAC”) as is reasonably required in Landlord’s judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage Landlord shall be electronically monitored, and Tenant shall use reasonable efforts to furnish such service upon reasonable notice (48 hours advance notice) pay Landlord’s direct charges (current charge - $ 9.25 per hour) therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any Lease: Lake Union Building LLC/Mathsoft, Inc. May 18, 1999 other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines, or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately meteredmeasured, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Office Building Lease (Insightful Corp)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable confortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct landlord's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, Landlord or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the PremisesPremies, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as at shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. 10. CONDITION OF THE PREMISES. Tenant's taking possession of the Premises shall be deemed conclusive evidence that as of the date of taking possession the Premises are in good order and satisfactory condition, except for such matters as to which tenant gave Landlord notice on or before the Commencement Date. No promise of Landlord to alter, remodel, repair or improve the Premises, the Building or the Project and no representation, express or implied, respecting any matter or thing relating to the Premises, Building, Project or this Lease (including, without limitation, the condition of the Premises, the Building or the Project) have been made to Tenant by Landlord or its Broker or Sales Agent, other than as may be contained herein or in a separate exhibit or addendum signed by Landlord and Tenant. 11.

Appears in 1 contract

Samples: Office Building Lease (Proflight Medical Response Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment-Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion (which are presently from 9:00 a.m. to 5:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays, with Sundays and holidays excluded), and subject to the Rules and Regulations of the Building or Project, heating, ventilation and air conditioning ("HVAC") as is reasonably required required, in Landlord's judgment, for the comfortable use and occupancy of the Premises. The normally recognized business hours It is specifically understood and agreed that Landlord shall cause the Premises to be separately metered for the Building are as follows: 7:00 am provision of electrical current service, at Landlord's expense, and, if Landlord so requires, Tenant shall cause the electrical utility to 6:00 pm Monday through Friday (except Holidays)establish a separate account, and 8:00 am in Tenant's name, for the provision of electricity to 1:00 p.m. on Saturdaysthe Premises. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use use, or interruption of use use, of any equipment in connection with the furnishing of any of the foregoing services, ; (ii) failure to furnish furnish, or delay in furnishing furnishing, any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, ; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, occurring through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost costs thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 1 20 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume any water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in this Section shall restrict Landlord’s right to require at any time separate metering of utilities a manner that such services are customarily furnished to comparable office buildings in the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costarea.

Appears in 1 contract

Samples: Ampersand Medical Corp

Services and Utilities. A. Provided Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord shall furnish all normal services to the Premises during ordinary business hours of generally recognized business days, to be reasonably determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and utilities such as elevator servicelegal holidays), lighting replacement water for building standard lightslavatory and drinking purposes and electricity, restroom supplies, window washing, janitorial services, heating, ventilation heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (“HVAC”) maintenancebut not including above-standard or continuous cooling for excessive heat-generating machines, landscape maintenanceexcess lighting or equipment), parking lot sweeping, pest control services, janitorial services during the times and fire alarm monitoring (if installed and required) in a the manner that such services are are, in Landlord's judgment, customarily furnished to in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided Tenant acknowledges that Tenant is not in default hereunder, Landlord agrees to furnish to has inspected and accepts the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas heat and air conditioning and other utilities and services being supplied or any other form furnished to the Premises as of energy serving the date Tenant takes possession of the Premises, Building or Projectas being sufficient for use of the Premises for reasonable and normal office use in their present condition, which has been imposed upon "as is," and suitable for the LandlordPermitted Use, and for Tenant's intended operations in the Premises. Landlord shall not be liable except where have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord is found elects to provide such services at Tenant's request, Tenant shall pay to Landlord, upon demand, a reasonable charge for such services as reasonably determined by Landlord. Tenant agrees to keep and cause to be grossly negligent kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may reasonably prescribe for a loss the proper functioning and protection of or injury to property or businesselectrical, however occurringheating, through or in connection with or incidental to failure to furnish any such servicesventilating and air conditioning systems. If Tenant uses heat Wherever heat-generating machines machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Credit Agreement

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times its sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing, except as to Landlord's negligence or willful acts. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed not unreasonably refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, meters at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly engineer. Notwithstanding the foregoing, if any essential service to be provided is interrupted or curtailed for a period of forty-eight (48) hours and is caused by Landlord or lies within Landlord's control, in addition to other remedies available to Tenant, the Rent (inclusive of all payments) for the Premises shall completely xxxxx from such forty-eight (48) hour period and Tenant continue until such services are fully restored. Landlord shall provide a minimum of seventy-two (72) hours' prior written notice of any planned interruption of services in connection with the repair and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account maintenance of the utilities so consumed. Tenant shall be responsible for Premises or the maintenance and repair of any such meters at its sole costBuilding.

Appears in 1 contract

Samples: Vstream Inc /Co

Services and Utilities. (a) Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily cause to be furnished to comparable the Premises during the term of this Lease, water and sanitary sewer services required for general office buildings use. The cost of furnishing such water and sanitary sewer services shall be an Operating Expense as defined in Paragraph 5(d) above. Tenant acknowledges and agrees that Landlord shall not be liable to Tenant and Tenant hereby releases Landlord from any and all claims, liabilities, damages, losses, actions, costs and expenses as a result of or related to any interruption of water and/or sanitary sewer services for reasons beyond 25 the areacontrol of Landlord; provided, however, in no event shall Landlord be liable to Tenant for lost profits or loss of business. The actions of any water or sanitary sewer company or public utility or governmental agency providing water or sanitary sewer services shall not be imputed to Landlord. Landlord shall also provide water, sewer, electric, gas Tenant with a connection for Tenant's telecommunications wiring and trash removal services cabling ("Interior Wire") to the building as requiredpoint of connection with the local regulated public utility. Provided Such connection shall be from the telecommunications line closet serving the Premises to the demarcation points supplied by the local regulated public utility. Tenant understands and acknowledges that Tenant is not in default hereunder, Landlord agrees to furnish the telecommunications capacity supplied to the Premises at all times , electricity shall not exceed the capacity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for which the comfortable use and occupancy Premises was designed. If Tenant requires any extraordinary telecommunication services that require any increase in the capacity of the Premises' telecommunications system and/or intrabuilding network cabling, then Tenant shall pay, as additional rent, the cost of any alterations, modifications or improvements required to be made to the Premises's telecommunications system and/or intrabuilding network cabling to provide such extraordinary service. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)All connection, disconnection, removal, repair and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside installation of the normal business hours. Such additional HVAC and/or electricity usage telecommunications lines and cabling shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. performed by a qualified contractor approved by Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Buildingadvance. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, reduction of rental nor shall the Rent a constructive eviction be abated deemed to have occurred by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such utilities and services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockout or labor disturbances or disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a any loss of or injury to property or businessproperty, however occurring, through or in connection with the furnishing or incidental to failure to furnish any such of the foregoing utilities and services for reasons beyond Landlord's control. In no event shall Landlord be liable for, and Tenant hereby releases Landlord from any and all claims for loss, damage, cost or expense incurred by Tenant as a result of the interruption of any water, sanitary sewer or telecommunications services. If Tenant uses heat generating machines or equipment used in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and and/or the cost thereofof providing air conditioning services to the Premises, including the cost of installation, operation and maintenance thereof, the costs resulting therefrom shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Rental Abatement Agreement (Odwalla Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services13.1 Provided there is no Event of Default under this Lease, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises (including for use outside of Building Business Hours for occasional after-hours use); (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal desk top office equipmentuse (including for use outside of Building Business Hours for occasional after-hours use). To the extent that Tenant is not billed directly by a public utility, .normal copying equipmentTenant shall pay, technical equipmentwithin ten (10) days of Landlord’s demand, and “HVAC” as is reasonably required for the comfortable use and occupancy of all electricity used by Tenant in the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage charge shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installedAlternatively, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained may elect to include electricity costs in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the PremisesExpenses. In the event utilities are separately meteredabsence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged not be entitled to, any abatement or reduction of rental by the local public utility plus reason of Landlord’s failure to furnish any additional expense incurred by Landlord in keeping account of the utilities so consumed. foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be responsible for the maintenance and repair liable when such failure is caused by accident, breakage, repairs, labor disputes of any such meters at its sole costcharacter, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.

Appears in 1 contract

Samples: Lease (Avanir Pharmaceuticals)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at during all times hours and on all days, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipmentheat and air conditioning, technical equipment, water and “HVAC” as is reasonably sanitary sewer service required for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing, except as to Landlord's negligence or tortious acts; provided, however, that if the Tenant cannot reasonably use the Premises for the operation of Tenant's authorized business all Rent shall xxxxx until the Premises is reasonably suitable for the operation of Tenant's authorized business. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which extraordinarily affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the reasonable cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 220 volts, which will in any extraordinary way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current extraordinarily in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord shall not unreasonably refuse, to the use thereof and Landlord may have installed cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The reasonable cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon within 20 days after demand therefor by Landlord for the extraordinary portion of all such water and electric current consumed as shown by said meters, meters at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly and it is agreed that the cost of hiring such person and obtaining such estimate shall be shared equally by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: New Frontier Media Inc

Services and Utilities. Landlord shall agrees to furnish all normal services and utilities such to the Premises twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (265) days per year (collectively, “Tenant’s Operating Hours”) subject to the current Rules and Regulations of the Building or Project, a copy of which is attached hereto as elevator serviceExhibit C, lighting replacement and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for building standard lightsthe Common Area), restroom supplies, window washing, janitorial servicesup to 800 amps of electricity for Tenant’s lights and plugs for normal use as general office and a 24 hour call/data center, heating, ventilation and air conditioning (HVAC) maintenance, landscape maintenance, parking lot sweeping, pest control services, as required in Landlord’s reasonable judgment for the comfortable use and fire alarm monitoring occupancy of the Premises; lighting replacement for building standard lights (if installed for the Common Area); window washing and required) janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide watersupply common area water for drinking, sewercleaning and restroom purposes only. During Tenant’s Operating Hours, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the BuildingBuilding and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other customary Building services during Non-Business Hours, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. HVAC units serving the Premises shall be replaced in accordance with Exhibit D attached hereto. Upon and after execution of this Lease by Landlord and Tenant, Landlord and Tenant agree that they will use good-faith and commercially reasonable and diligent efforts to negotiate a mutually agreeable amended Exhibit D to be attached to this Lease, which amended Exhibit D shall (a) provide more detailed specifications and requirements for when HVAC units serving the Premises need to be replaced, and (b) be consistent with the purpose and intent of the original Exhibit D (i.e., the Exhibit D attached to Lease upon Lease execution). Tenant, at Tenant’s sole cost and expense, shall: (i) obtain and pay for all electricity used to power the lights and electrical outlets located within the Premises as measured by a separate meter to the Premises; (ii) obtain and pay for all replacement bulbs and ballasts in the Premises; and (iii) supply all paper and other products used within the Premises. Upon Tenant’s request, Landlord shall replace bulbs and ballasts in the Premises, and Tenant shall pay Landlord for the cost of such light bulbs and ballasts plus Landlord’s reasonable administrative and labor costs associated with light bulb and ballast replacement. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, from time to time during the Term and upon thirty (30) days prior written notice to Tenant (except that no notice is necessary in the event of an emergency or electricity shortage or stoppage), to contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility so long as the provision of any such services does not materially adversely affect Tenant’s operations. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (ia) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (iib) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iiic) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Project, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or through, in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant’s electricity provider). If Tenant uses heat generating machines or equipment in the Premises which affect that affects the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costtherefor.

Appears in 1 contract

Samples: Lease (Integrated Alarm Services Group Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services 13.1 Subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times during Building Business Hours (specified on the Reference Pages), electricity the following services and utilities subject to the rules and regulations of the Project prescribed from time to time: (a) water suitable for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises; (b) heat and air conditioning in season during Building Business Hours, at such temperatures and in such amounts as are standard for similar “Class A” office buildings in Austin, Texas; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. The normally recognized business hours for Notwithstanding any provision herein to the contrary, Landlord’s obligation to provide heat and air conditioning and electricity (over and above the amounts which can prudently be provided by the Building are Systems constructed and installed as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside part of the normal business hoursShell Improvements) are conditioned and contingent upon Tenant installing, in connection with Tenant’s construction of the Tenant Improvements, all upgrades to the electrical and HVAC systems serving the Building which may be necessary to provide HVAC service and electrical service to Tenant in the amounts desired by Tenant. Such additional HVAC and/or electricity usage In the absence of Landlord’s negligence or willful misconduct and except as otherwise provided in this Lease, Landlord shall not be electronically monitoredliable for, and Tenant shall pay not be entitled to, any abatement or reduction of rental by reason of Landlord’s direct charges therefore on demand. failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord shall also maintain by Tenant and keep lighted the common stairs, common entries and restrooms in the Building. provided further that Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any condition other cause, similar or event dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found use reasonable efforts to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish remedy any such services. If Tenant uses heat generating machines or equipment interruption in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises furnishing of services and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costutilities.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (KBS Real Estate Investment Trust III, Inc.)

Services and Utilities. Landlord 13.1 Provided Tenant shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control servicesnot be in default under this Lease beyond any cure period, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times common areas of the Building during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), electricity the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal desk top office equipment, .normal copying equipment, technical equipment, use of the common area; (b) heat and “HVAC” as is reasonably air conditioning required in Landlord’s judgment for the comfortable use and occupancy occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 600 amps @ 480V and 500kw emergency generator power on or before the Commencement Date. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage charge shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the pro rata rates charged for such services by the local public utility. If Except in the event of Landlord’s negligence or intentional misconduct, or breach of this Lease by Landlord beyond any applicable cure period, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for fifteen (15) days after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a separate meter is not installedforce majeure event or as permitted in Section 17.1 below) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the excess cost for such water and electric current shall be established by an estimate made by a utility company Building or an electrical engineer hired jointly by the Property, without advising Tenant at least seventy two (72) hours in advance of Landlord’s requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord’s goals and at minimize the interruption to Tenant’s expenseuse, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. Nothing contained in this Section Landlord shall restrict notify Tenant immediately upon Landlord’s right to require at knowledge of any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account interruption of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costabove services.

Appears in 1 contract

Samples: Neutral Tandem Inc

Services and Utilities. Section 14.1. Subject to the provisions of Section 8.1 with respect to excessive use and Tenant’s obligation to contract directly for Utilities Services, from and after the Rent Commencement Date, Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and will provide to the Premises: air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) heating during the seasons they are required in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services Landlord’s reasonable judgment ; Janitorial Services to the building as required. Provided that extent not being provided by or through Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm on Monday through Friday (except or at Landlord’s option, Sunday through Thursday) only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms except in the Buildingevent of an emergency); landscaping; and exterior window cleaning service. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure permitted to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of do without Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project’s prior written consent, which has been imposed upon consent shall not be unreasonably withheld, conditioned or delayed or as otherwise provided in this Lease), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Landlord shall not be liable except where Landlord is found install a meter to be grossly negligent measure Tenant’s electricity usage. At Tenant’s or Landlord’s election, Tenant shall contract directly with the utility providers to supply electric power sufficient for a loss Tenant’s use of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect for the temperature otherwise maintained by Permitted Use, and standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains. Tenant agrees that it shall not overtax the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water Building’s electrical system or electric current in excess of that usually furnished capacity, or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at TenantBuilding’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the PremisesHVAC capacity. In the event utilities are separately meteredthat, in the reasonable judgment of Landlord’s engineers, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by does overtax the local public utility plus any additional expense incurred by Landlord in keeping account Building’s electrical system or electric capacity and/or the Building’s HVAC capacity, as aforesaid, including without limitation as a consequence of Tenant’s excessive use of the utilities so consumed. Premises, Tenant shall be responsible for (i) all costs of upgrading the maintenance electrical system and/or the HVAC system of the Building so that such system(s) will have adequate capacity for Tenant’s operations and (ii) any and all additional or accelerated costs to Landlord relating to the repair and replacement of any such meters at its sole costsystem. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency).

Appears in 1 contract

Samples: Lease Agreement (Invitae Corp)

Services and Utilities. A. Subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord shall furnish all normal services to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and utilities such as elevator servicelegal holidays), lighting replacement water for building standard lightslavatory and drinking purposes and electricity, restroom supplies, window washing, janitorial services, heating, ventilation head and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (“HVAC”) maintenancebut not including above-standard or continuous cooling for excessive hear-generating machines, landscape maintenanceexcess lighting or equipment), parking lot sweeping, pest control services, janitorial services during the times and fire alarm monitoring (if installed and required) in a the manner that such services are are, in Landlord's judgement; customarily furnished to in comparable office buildings in the immediate market area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)elevator service, and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling which shall mean service either by nonattended automatic elevators or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection elevators with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlordattendants, or by both, at the making option of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord is found elects to provide such services at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and cause to be grossly negligent kept closed all window covering when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for a loss the proper functioning and protection of or injury to property or businesselectrical, however occurringheating, through or in connection with or incidental to failure to furnish any such servicesventilating and air conditioning systems. If Tenant uses heat Wherever heat-generating machines machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Multilink Technology Corp

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times his sole descretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandjanitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries entries, and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurringoccuring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 1 contract

Samples: Sionix Corp

Services and Utilities. Landlord shall agrees to furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, to the Premises during normal business hours on generally recognized business days subject to the Rules and Regulations of the Building or Project. Services and utilities shall include reasonable quantities of heating, ventilation and air conditioning (HVAC) maintenance, landscape maintenance, parking lot sweeping, pest control services, as required in Landlord's reasonable judgment for the comfortable use and fire alarm monitoring (if installed occupancy of the Premises; lighting replacement for building standard lights; window washing and required) janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide watersupply common area water for drinking, sewercleaning and restroom purposes only. Tenant, electricat Tenant's sole cost and expense, gas shall supply all paper and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of other products used within the Premises. The normally During normal business hours on generally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)days, and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the BuildingBuilding and shall furnish elevator service and restroom supplies. Further, Landlord shall also be responsible for snow and ice removal. If Tenant desires HVAC or other services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay Landlord's charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. Notwithstanding the foregoing, the Premises will be seperately metered for lighting, plugs and HVAC. Further, Landlord shall also be responsible for snow and ice removal. Notwithstanding the foregoing, Tenant shall obtain from Landlord at Tenant's sole cost and expense all electric utilities used at the Premises. If permitted by law, Landlord shall have the right, in Landlord's reasonable discretion, at any time and from time to time during the Term, to contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (ia) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (iib) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iiic) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Project, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or through, in connection with or incidental to the failure to furnish any such services. If Notwithstanding the foregoing, Landlord shall use reasonable efforts to remedy the cause of interruption of services set forth herein. Tenant uses heat generating machines shall not, without the prior written consent of Landlord, use any apparatus or equipment device in the Premises Premises, including, without limitation, electronic data processing machines, punch card machines, word processing equipment, personal computers, or machines using in excess of 120 volts, which affect consumes more electricity than is usually furnished or supplied for the temperature otherwise maintained by the HVAC systemuse of desk top office equipment and photocopy equipment ordinarily in use in premises designated as general office space, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand as determined by Landlord. Should Tenant shall not connect any apparatus to electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may have installed a water meter or refuse. In the event of consent, electrical current meter shall be separately metered in the Premises to measure the amount of water or electric current consumedTenant's name and paid for by Xxxxxx. The cost of or any such meter and its installation, maintenance and repair shall be paid for by Tenant. Notwithstanding anything contained herein to the contrary, if Tenant and Tenant agrees is granted the right to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at purchase electricity from a provider other than the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly companies used by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for indemnify, defend, and hold harmless Landlord from and against all utilities consumed at utility rates charged by losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the local public utility plus any additional expense acts or omissions of Tenant's electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in keeping account the event Tenant's electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the utilities so consumed. Premises by Tenant shall be responsible for the maintenance and repair of any such meters at its sole costor Tenant's electricity provider.

Appears in 1 contract

Samples: Lease (Sonus Networks Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandjanitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure is cause by accident, breakage, repairs, strikes, lockouts or delay is caused other labor disturbances of labor disputes of any character, or by accident any other cause, similar or any condition or event dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, the cost of Operation and Maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlet in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric expense incurred in keeping account of the water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityso consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 1 contract

Samples: Anchor Pacific Underwriters Inc

Services and Utilities. Landlord shall furnish all provide and install a separate electric meter for the Premises and shall distribute sufficient electric capacity to the Premises for normal services office equipment, lighting, and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, HVAC (heating, ventilation ventilating and air conditioning (“HVAC”air-conditioning) maintenance, landscape maintenance, parking lot sweeping, pest control services, as required in Landlord's judgement for the intended use and fire alarm monitoring (if installed occupancy of the Premises and required) in a manner that such services are as customarily furnished to at comparable office buildings in the area. Any increase of electric service over that provided by Landlord shall also provide water, sewer, electric, gas require Landlord's advance written permission and trash removal services to the building as requiredcosts of any such increase of electric service shall be the responsibility of Tenant. Provided that Tenant is shall not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, connect any apparatus employing electric current except through existing outlets and “HVAC” as is reasonably required for the comfortable use and occupancy of receptacles within the Premises. The normally recognized business hours for Landlord shall furnish, to the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)Premises, water, sewer and elevator ser- vice, and 8:00 am to 1:00 p.m. on Saturdaysjanitorial service, exterior window-washing, HVAC equipment & filter maintenance services as required in Landlord's judgement and as customarily furnished at comparable office R & D buildings in the area. If Tenant desires HVAC and/or electricity at shall not consume any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall above services or utilities in excess of that usually furnished and supplied for use of the Premises as general office R & D space (as determined by Landlord) without Landlord's advance written permission (which may be electronically monitored, denied) and Tenant shall pay Landlord’s direct charges therefore on demandLandlord may under such circumstances establish a monthly charge for Tenant's excess use or consumption of such services and utilities. Landlord shall also maintain and keep lighted the common stairsareas of the Project, common entries including parking areas, building entries, lobbies, corridors, staircases, and restrooms in restrooms, and Landlord shall furnish restroom supplies and lightbulb replacement for Building Standard (i.e. Landlord installed) light fixtures within the BuildingPremises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing servicesservices or utilities, (ii) failure to furnish or delay in furnishing any such services or utilities where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found under any circumstances, unless directly attributable to be grossly Landlord's wrongful or negligent acts, for a the loss of or injury damage to Tenant's property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment delay in the Premises which affect furnishing of any of the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, foregoing services or utilities. Tenant shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied arrange for the use initiation of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of service for any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of separately metered utilities furnished to the Premises. In , including telephone service, directly with the event appropriate utility vendor or supplier, and all billing invoices, security deposits, and any other charges relating to the initiation and continued provision of such separately metered utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant and telephone service shall be responsible for the maintenance responsibility of and repair in the name of any such meters at its sole costTenant.

Appears in 1 contract

Samples: Protein Polymer Technologies Inc

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant LICENSEE is not in default hereunder, Landlord LICENSOR agrees to furnish to the Premises during business days and hours as herein described, to be determined by LICENSOR at all times its sole discretion, and subject to the rules and regulations of the County of Fresno, electricity for normal desk top office equipmentlighting, .normal copying equipment, technical equipmentequipment usage, and “HVAC” as is reasonably heat and air conditioning required in LICENSOR'S judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business LICENSEE shall notify LICENSOR of times other than normal working hours when the air-conditioning and/or heating will be needed for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdaysfunctions under LICENSEE'S jurisdiction. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage Said notification shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandgiven at least five (5) working days prior to the event. Landlord LICENSOR shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the Buildingbuilding of which the Premises are a part. Landlord LICENSOR shall not be in default hereunder or liable for, and LICENSEE shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of License Fee by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of LICENSOR'S failure to furnish any of the foregoing services, (ii) when the failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the LandlordLICENSOR. Landlord LICENSOR shall not be liable except where Landlord is found to be grossly negligent in any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to the failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment in is used at the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord LICENSOR reserves the right to install supplementary air conditioning units in on the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant LICENSEE to Landlord LICENSOR upon demand by LandlordLICENSOR. Should Tenant consume If LICENSEE shall require water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord the Premises, LICENSEE shall first procure the written 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 00 XXXXXX XX XXXXXX Xxxxxx, Xxxxxxxxxx consent of LICENSOR, which LICENSOR may have installed refuse, to the use thereof and LICENSOR may cause a water meter or electrical current meter in to be installed on the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant LICENSEE and Tenant LICENSEE agrees to pay to Landlord LICENSOR promptly upon demand thereof by LICENSOR for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost costs for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expenseengineer. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant Telephones shall be responsible provided and paid for the maintenance and repair of any such meters at its sole costby LICENSEE.

Appears in 1 contract

Samples: License Agreement

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in Provided the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord Xxxxxxxx agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipment, .normal copying equipment, technical equipment, machines and “HVAC” as is reasonably heat and air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet/shower rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or be liable for liable, under any damages directly or indirectly resulting fromcircumstances, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the forgoing. If Tenant uses Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost costs thereof, including the cost of the installation, and the cost of the operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 130 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electrical current. If Tenant shall require electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed a water meter or refuse, to the use thereof and Landlord may cause an electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, meters at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense insured in keeping account of the electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 1 contract

Samples: Office Space Lease Agreement (Mobile Pet Systems Inc)

Services and Utilities. Landlord 13.1. Provided Tenant shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control servicesnot be in default under this Lease, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities, reasonably commensurate with industry standard for commercial office buildings in Reston, Virginia, of a similar age, size and quality to the Building, subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal desk top office equipmentuse. To the extent that Tenant is not billed directly by a public utility, .normal copying equipmentTenant shall pay, technical equipmentwithin five (5) days of Landlord’s demand, and “HVAC” as is reasonably required for the comfortable use and occupancy of all electricity used by Tenant in the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage charge shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installedAlternatively, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained may elect to include electricity costs in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the PremisesExpenses. In the event utilities are separately meteredabsence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged not be entitled to, any abatement or reduction of rental by the local public utility plus reason of Landlord’s failure to furnish any additional expense incurred by Landlord in keeping account of the utilities so consumed. foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be responsible for the maintenance and repair liable when such failure is caused by accident, breakage, repairs, labor disputes of any such meters at its sole costcharacter, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.

Appears in 1 contract

Samples: Lease (NitroSecurity, Inc.)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipmentduring generally recognized business days, and during hours determined by Landlord in its sole discretion (which are presently from 9:00 a.m. to 5:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays, with Sundays and holidays excluded), and subject to the Rules and Regulations of the Building or Project, heating, ventilation and air conditioning ("HVAC") as is reasonably required required, in Landlord's judgment, for the comfortable use and occupancy of the Premises. The normally recognized business hours It is specifically understood and agreed that Landlord shall cause the Premises to be separately metered for the Building are as follows: 7:00 am provision of electrical current service, at Landlord's expense, and, if Landlord so requires, Tenant shall cause the electrical utility to 6:00 pm Monday through Friday (except Holidays)establish a separate account, and 8:00 am in Tenant's name, for the provision of electricity to 1:00 p.m. on Saturdaysthe Premises. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use use, or interruption of use use, of any equipment in connection with the furnishing of any of the foregoing services, ; (ii) failure to furnish furnish, or delay in furnishing furnishing, any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, ; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, occurring through or in connection with or incidental to failure faihze to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost costs thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume any water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in this Section shall restrict Landlord’s right to require at any time separate metering of utilities a manner that such services are customarily furnished to comparable office buildings in the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costarea.

Appears in 1 contract

Samples: Ampersand Medical Corp

Services and Utilities. Landlord shall furnish all normal services The Lessor agrees to provide and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation maintain (a) heat and air conditioning in the common core area only, Monday through Friday, during normal business hours (“HVAC”7:00 A.M. to 6:00 P.M.) maintenance, landscape maintenance, parking lot sweeping, pest control servicesand Saturday from 8:00 A.M. to 12:00 P.M., and fire alarm monitoring at such other times as Lessor in its reasonable discretion deems necessary for normal office occupancy and for the comfort of Lessees and occupants of the Project; (if installed b) cold water for toilet and requiredlavatory purposes only within the common core areas only; (c) in a manner that such custodial services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas common core area only at a level determined by the Lessor; and (d) trash removal services at the Project on a regularly scheduled basis; Lessee must remove all trash to the building as requireddumpster - such trash to be limited to normal office trash and items like large empty boxes (which must be broken down). Provided that Tenant is not Note: Trash generated from the initial move in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord facility shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment placed in the Premises which affect the temperature dumpster. Lessee must make arrangements to have this trash otherwise maintained by the HVAC system, Landlord reserves the right removed. Lessee agrees to install supplementary air conditioning units exercise due care and prudence in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises utilities at all times, and to measure the amount of water or electric current consumed. The cost of any such meter comply with all Federal, State and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the PremisesLocal guidelines concerning same. In the event utilities Lessor incurs electrical costs resulting from Lessee’s use of the Leased Premises during periods other than normal business hours, Lessee agrees to reimburse Lessor for that portion of the costs which are separately meteredattributable to the additional use. Lessor shall submit to Lessee a statement itemizing the additional use and cost thereof, Tenant and Lessee shall pay promptly upon demand for all utilities consumed at utility rates charged such sums to Lessor with the next due rental payment. Lessor in furnishing the foregoing services does not contemplate occupancy involving extraordinary consumption or generation of heat affecting temperatures otherwise normally maintained by the local public utility plus any additional expense incurred by Landlord in keeping account air conditioning system. The “Property” where the Leased Premises are located has one (1) master electric meter. The Leased Premises shall have a sub-meter to measure the electric consumption of the Lessee for the purpose of allocating costs billed to the master meter by JEA and the Lessee shall be billed for its own electrical consumption. If Lessee shall require water in the Leased Premises, Lessee will procure prior written approval from Lessor and make arrangements to pay periodically for the direct expense of utilities including electric, water and sewer, and HVAC. Lessee agrees to reimburse Lessor promptly following the rendering of a xxxx to Lessee for any such charges incurred. The Lessor will keep in good condition and reasonable state of repair those portions of the Project consisting of the entrance, lobby, stairways, corridors, elevators, landscaped areas, parking areas, and other facilities from time to time provided for use in common by the Lessees of the building. The Lessor agrees to repair, so consumedfar as reasonably feasible, any defects in the standard walls, structural elements, the roof, exterior walls, common core area ceilings, electrical and mechanical installations, plumbing and the like. Tenant The Lessor shall in no event be required to make repairs to the leasehold improvements made by the Lessee or made by the Lessor on behalf of the Lessee or to make repairs on the reasonable wear and tear within the Leased Premises. The Lessee covenants with the Lessor to repair, maintain and keep at the Lessee’s own cost the improvements made by the Lessee or other property not covered by the Lessor’s obligation to repair including electric, lighting, plumbing, and mechanical (HVAC) systems serving the Leased Premises. The Lessee agrees that the Lessor shall have the right to enter the Leased Premises of the Lessee at all reasonable times and place to make repairs and/or adjustments to the Leased Premises, but not to impose any obligations beyond those specifically set forth herein. Lessee will be responsible for the maintenance cost of replacement of Lessee’s light bulbs in overhead fixtures. The Lessee shall be entitled to the use of the passenger elevators for the carrying of passengers to the various floors. Any uses of the elevators that require the carrying of equipment, furniture, supplies and repair the like shall be coordinated through the Lessor. Any damage done to the elevators, doorways, building, etc. as a result of any such meters these uses shall be repaired at its sole costthe expense of the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Jacksonville Bancorp Inc /Fl/)

Services and Utilities. 9.1 Landlord shall agrees to furnish all normal services to the Premises during generally recognized business days from 7:00 a.m. to 6:00 p.m. Monday through Friday, excluding legal holidays, and utilities such as elevator servicefrom 7:00 a.m. to 12:00 p.m. on Saturday, lighting replacement and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for building standard lightsdesk top office equipment, restroom suppliespersonal computers, window washingoffice copying equipment, janitorial services, and heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) as required in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required Landlord’s judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of not less than forty-eight (48) hours in advance of the normal business hoursrequested usage. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges (current charge $50 per hour per floor) therefore on demand. Tenant shall have access to the Building twenty-four (24) hours a day three hundred and sixty-five (365) days a year during the Term via secured key cards. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Notwithstanding the foregoing, Tenant shall have the right to enter into separate contracts for the maintenance and repair of supplemental HVAC equipment and systems that service the MDF and IDF spaces with the Landlord’s then current HVAC maintenance company, which as of the Effective Date, is XxxXxxxxx Xxxxxx. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which consent shall be in Landlord’s sole discretion. Landlord may have installed a water meter or will install an electrical current meter submeter in the Premises to measure the amount of water or electric current consumedconsumed by Tenant. The cost of any such electrical meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and actual electric current consumed as shown by said meterssubmeters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Lease (Realnetworks Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during reasonable hours of generally recognized business days, electricity for normal desk top lighting and fractional horsepower office equipment, .normal copying equipment, technical equipment, machines and “HVAC” as is reasonably required for heat and air conditioning to keep the comfortable use Premises in a condition consistent with other similar buildings in the Boulder area. If Tenant wishes to have air conditioning and occupancy heat to the Premises between the hours of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm and 6:30 am Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other timethe 48 hours of Saturday and Sunday, Tenant may override agrees to pay for the HVAC and/or electricity system for additional heating, cooling or electricity outside cost of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandsystem as estimated by Control Service Center. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord’s failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing, except as to Landlord’s gross negligence or willful and wanton acts. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units equipment in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon within ten (10) days after demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the reasonable prior written consent of Landlord. Landlord may have installed cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, meters at the rates charged for such services by the local public utilityutility furnishing the same, plus an additional expense as reasonably determined by Landlord incurred in keeping account of the water and electric current so consumed. If [f a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 1 contract

Samples: Lease (Brickell Biotech, Inc.)

Services and Utilities. Landlord 14.1. provided Tenant shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control servicesnot be in default under this Lease, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times between the hours of 8:00 a.m. and 6:00 PM on generally recognized business days and between 8:00 AM and 1:00 PM on Saturdays (but exclusive in any event of Sundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air-conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) janitorial service; (d) elevator service by non attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal desk top office equipmentuse. To the extent that Tenant is not billed directly by a public utility, .normal copying equipmentTenant shall pay, technical equipmentupon demand, and “HVAC” as is reasonably required additional rent, for the comfortable use and occupancy of all electricity used by Tenant in the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage charge shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged electric light bulbs, tubes and ballasts. Tenant agrees that all times to cooperate fully with Landlord and to abide by all the local public utility plus regulations and requirements which Landlord may prescribe for the proper functioning and protection of said systems. Landlord shall not be liable for, and Tenant shall not be entitled to, any additional expense incurred abatement or reduction of rental by Landlord in keeping account reason of Landlord’s failure to furnish any of the utilities so consumedforegoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Tenant Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Notwithstanding the above, Landlord shall be responsible for entitled, without compensation to Tenant or any abatement of rent, to cooperate voluntarily in a reasonable manner with the maintenance and repair efforts of any such meters at its sole costnational, state or local governmental bodies or suppliers of utilities in reducing consumption of energy or other resources.

Appears in 1 contract

Samples: Office Lease (Archipelago Holdings L L C)

Services and Utilities. All services to be provided by Landlord and the management and operation of the Project shall furnish all normal be at or above a level consistent with that customarily provided to tenants of comparable buildings in the Tempe, Arizona, metropolitan area. All utility and other services to and utilities such as elevator servicefor the Premises, lighting replacement for building standard lightsincluding, restroom supplieswithout limitation, window washing, janitorial HVAC services, heatingwill be available twenty-four (24) hours a day, ventilation and air conditioning seven (“HVAC”7) days a week other than (1) during reasonable periods for customary maintenance, landscape maintenance, parking lot sweeping, pest control services, which will not be scheduled between 5:00 p.m. and fire alarm monitoring 10:00 p.m. on weekdays and between 8:00 a.m. and 1:00 p.m. on Saturdays with respect to the classroom portions of the Premises whenever possible and (if installed and required2) in a manner that where such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity only generally available for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the procurement during normal business hours. Tenant shall have the right, but not the obligation, to procure the services of security guards for the Project at Tenant's sole cost. Such additional HVAC and/or electricity usage security guards shall be electronically monitoredstationed on the Premises but shall be permitted to enter the Common Areas, including the parking areas, in connection with assisting students and generally safeguarding the Project. Tenant shall be solely responsible for arranging and paying for all utilities (including, without limitation, electrical power, natural gas, water, waste water drainage, storm sewer drainage and telephone service) and, except for the obligations of Landlord under Section 12 of the Lease, all other services or amenities that Tenant requires or desires to be furnished to the Premises from and after the Commencement Date for its occupancy, use and enjoyment thereof. Tenant will contract with the suppliers or vendors of all such utilities, services and amenities, and Tenant shall pay Landlord’s direct charges therefore on demandwill make all payments therefor directly to the supplier or vendor. Without limiting the generality of Section 4.c, Landlord shall also maintain and keep lighted will have no responsibility or liability for the common stairsinterruption or cessation of any utility, common entries and restrooms in service or amenity to the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting fromPremises, nor shall any such interruption or cessation entitle Tenant to any abatement of Rent or be deemed to constitute a constructive eviction of Tenant. Notwithstanding the Rent be abated by reason of (i) the installationforegoing, use or if an interruption of use of any equipment in connection with utilities or services is directly within the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, and (i) such interruption of utilities or by services shall continue for two (2) business days after written notice from Tenant to Landlord; (ii) such interruption of utilities or services shall render any portion of the making Premises unusable for the normal conduct of necessary repairs or improvements Tenant's business and Tenant, in fact, ceases to use and occupy such portion of the Premises, Building or Project, or Premises for the normal conduct of its business; and (iii) the limitationrestoration of such utilities or services is within the control of Landlord, curtailment or rationing of, or restrictions on, use then Base Rent payable hereunder with respect to such portion of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises rendered unusable for the normal conduct of Tenant's business and which affect the temperature otherwise maintained by the HVAC systemTenant, Landlord reserves the right in fact, ceases to install supplementary air conditioning units in the Premises use and the cost thereof, including the cost of installation, operation and maintenance thereofoccupy, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess abated after the expiration of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter such two (2) business day period, (in the Premises to measure event such utilities or services are not then restored), and continue until such time that the amount of water utilities or electric current consumedservices are restored. The cost of foregoing remedy shall be Tenant's sole and exclusive remedy for any such meter and its installation, maintenance and repair shall be paid for interruption of services or utilities by Landlord unless such interruption of services or utilities is caused by the Tenant and Tenant agrees to pay to gross negligence or willful misconduct of Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the which event utilities are separately metered, Tenant shall pay promptly upon demand for have all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by rights and remedies against Landlord under this Lease in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any addition to such meters at its sole costabatement.

Appears in 1 contract

Samples: Letter Agreement (KBS Real Estate Investment Trust II, Inc.)

Services and Utilities. Landlord Lessor shall furnish reasonably adequate electricity, water, lavatory supplies, and automatically operated elevator service and normal and customary cleaning and char service for comparable Tysons Corner buildings (on a five (5) day week basis exclusive of legal holidays) after business hours. Lessor shall furnish hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and air-conditioning in season, at such times as Lessor normally furnishes these services to other tenants in the Building, and at such temperatures and in such amounts as are considered by Lessor to be standard, Monday through Friday, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 1 p.m. exclusive of Sundays and holidays during such seasons of the year when such services are normally and usually furnished in the modern office buildings in the Washington, D.C. metropolitan area; routine maintenance, painting and electric lighting service for all normal services public areas, garage and utilities such special service areas of the Building in the manner and to the extent deemed by Lessor to be standard; proper electrical facilities to furnish sufficient power to machines of low electrical consumption provided, however, that, except for reasonable quantities of low electrical consumption equipment which Lessee is permitted to install in the Demised Premises pursuant to Section 14 without Lessor's consent, Lessee shall bear the utility costs occasioned by electro-data processing machines, including air-conditioning costs therefor, mini computers, mainframe computers and similar machines of high electrical consumption; all subject to Federal, State and County governmental controls and regulations; but failure by Lessor to any extent to furnish these defined services, or any cessation thereof, resulting from causes beyond the control of Lessor, shall not render Lessor liable in any respect for damages to either person or property, nor be construed as elevator servicean eviction of Lessee, lighting replacement nor work an abatement of Rent, nor relieve Lessee from fulfillment of any covenant or agreement hereof. Should any of the Building equipment or machinery break down, or for any cause cease to function properly, Lessor shall, upon receipt of notice from Lessee of the need therefore, use reasonable diligence to repair the same promptly, but Lessee shall have no claim for rebate of Rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Subject to the terms hereof, regular maintenance and repairs, and circumstances and events beyond the reasonable control of Lessor, Lessee and Lessee's employees shall have access to the Building and the Demised Premises twenty-four (24) hours per day, three hundred sixty-five (365) days per year. Subject to the terms hereof, regular maintenance and repairs, and circumstances and events beyond the reasonable control of Lessor, Lessor shall provide heat and air conditioning at times in addition to those specified above, at Lessee's expense upon not less than twenty-four (24) hours written notice from Lessee, but in no event shall notice be provided later than 11:00 a.m. on a Friday for weekend or holiday overtime operation. Lessee shall pay Lessor for said after-hours service based upon Lessor's building standard lightsservice charge then-in effect and subject to change from time to time (currently Nineteen Dollars ($19.00) per hour per floor), restroom suppliesplus Lessor's additional charge as then-in effect and subject to change from time to time (currently Thirty Dollars ($30.00) per hour (regardless of the number of floors)) when an engineer's presence is required or requested by Lessee. The foregoing charges shall be subject to annual revision by Lessor. Notwithstanding anything herein contained to the contrary, window washingLessee shall reimburse Lessor upon demand for all electrical consumption and demand charges attributable to electricity provided through the sub-panel installed by Lessor in the Demised Premises, janitorial services, or otherwise provided for or consumed by any supplemental heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if equipment or other equipment installed and required) in a manner that such services are customarily furnished to comparable office buildings in the areaby or on behalf of Lessee. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.Without limiting the

Appears in 1 contract

Samples: License Agreement (CRL Network Services Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgement for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdayspremises. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon request from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. For pre-scheduled HVAC and electrical use in excess of fifty hours per weekly period for the Premises, Tenant shall pay as additional monthly rent an amount equivalent to the excess hourly usage times Thirty Two United States Dollars ($32). For "on demand" supplemental HVAC use in excess of the base 50 hours per week plus any pre-scheduled times, Tenant shall pay as additional rent an amount equivalent to Two and 50/100 Xxxxxx Xxxxxx Xxxlars per hour of usage per HVAC air handling unit. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms rest-rooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent rent be abated by reason of (ia) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, services (iib) failure to furnish or delay in furnishing any such services where such failure or to delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a 4 8 loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines machines, electronic data processing equipment, or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, photocopiers or machines using in excess of 220 volts, which consume more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by the Landlord. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises Premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand demand, as additional rent, for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters meter at its sole cost. Provided that Tenant is not in default hereunder, Landlord agrees to furnish janitorial and cleaning services to the Premises at least five (5) days per week, except recognized federal, state and local holidays. Tenant shall pay to Landlord, within five (5) business days after receipt of Landlord's bill, xxe reasonable costs incurred by Landlord for extra cleaning in the Premises required because of (a) misuse or neglect on the part of Tenant, its employees or invitees, (b) use of portions of the Premises for special purposes requiring greater or more difficult cleaning work than office areas, (c) interior glass partitions or unusual quantities of glass surfaces, (d) non-building standard materials or finishes installed by Tenant, and (e) removal from the premises of refuse and rubbish of Tenant in excess of that ordinarily accumulated in general office occupancy or at times other than landlord's standard cleaning times. 11.

Appears in 1 contract

Samples: Sse Telecom Inc

Services and Utilities. Landlord shall furnish all normal services 13.1 Provided no Event of Default has occurred and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control servicesis continuing, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises (with Tenant being responsible for the repair and maintenance of the water heater servicing the Premises); (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal desk top office equipmentuse. To the extent that Tenant is not billed directly by a public utility, .normal copying equipmentTenant shall pay, technical equipmentwithin five (5) days of Landlord’s demand, and “HVAC” as is reasonably required for the comfortable use and occupancy of all electricity used by Tenant in the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage charge shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installedAlternatively, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained may elect to include electricity costs in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the PremisesExpenses. In the event utilities are separately meteredabsence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged not be entitled to, any abatement or reduction of rental by the local public utility plus reason of Landlord’s failure to furnish any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Txxxxx and provided further that Landlord shall not be responsible for the maintenance and repair liable when such failure is caused by accident, breakage, repairs, labor disputes of any such meters at its sole costcharacter, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.

Appears in 1 contract

Samples: Vantage Energy Services, Inc.

Services and Utilities. Landlord shall maintain and replace, if necessary, the roof, the exterior and the Site (as defined below), the Building, the structural components of the Building, including without limitation, load-bearing walls, the mechanical, electrical, sprinklers, the generator, plate glass, plumbing and HVAC systems of the Building, the parking areas and landscape areas and public and common areas of the Building (such as lobbies, stairs, elevators, corridors and rest rooms) in good order and first class condition, unless such maintenance or replacement is necessitated by the negligence of Tenant or its employees, guests or contractors. Landlord shall furnish all normal services the Premises with: (i) electricity sufficient for standard consumption for general office lighting and utilities the operation of personal and main-frame computers, typewriters, and other office machines of similar electrical consumption; provided, however, that if the installation of such electrical equipment requires additional air-conditioning capacity above that considered the standard capacity for a building of this type, the additional air-conditioning installation and operating costs shall be paid by Tenant; (ii) heat and air-conditioning during reasonable and usual business hours, 8:00 a.m. to 6:00 p.m. Monday through Fridays and on Saturdays from 8:00 a.m. through noon. (exclusive of Sundays and State and National holidays) and such additional hours as Landlord may deem appropriate; (iii) continuous elevator service, (iv) lighting replacement for (limited to building standard lightsfluorescent and incandescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas), restroom (v) rest room supplies, window washing(vi) janitorial service on a five (5) day/week basis, janitorial servicesexcluding normal business holidays, heating, ventilation (vi) hot and air conditioning cold water and (“HVAC”viii) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings security in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services form of limited access to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any during other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the than normal business hours. Such additional HVAC and/or electricity Additional usage shall of utilities or other such services as described herein may be electronically monitoredpurchased by the Tenant at a standard hourly or daily rate as agreed from time to time between Landlord and Tenant. After hours heating, ventilation, and air-conditioning may be requested by Tenant shall pay Landlord’s direct charges therefore on demandat as set forth in Exhibit “C”. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms use reasonable efforts to remedy any interruption in the Buildingfurnishing of such services. It is understood that Landlord shall does not warrant that any of the services referred to above, or any other services which Landlord may supply, will be in default hereunder free from interruption. Tenant acknowledges that any one or more such services may be liable for any damages directly suspended or indirectly resulting from, nor shall the Rent be abated reduced by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or repairs, alterations or improvements necessary to be made, by labor disputes, by accident, by inability to obtain any condition essential material or event service, by acts of God, by acts of war, terrorism or bioterrorism, or by any cause beyond the reasonable control of Landlord, or by the making orders or regulations of necessary repairs any federal, state, county or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlordmunicipal authority. Landlord shall not be liable except where Landlord is found to be grossly negligent for a any loss of computer data or injury other damages resulting from a failure of electrical power. Any such interruption or suspension of services shall never be deemed an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof, or render Landlord liable to property or Tenant for damages. Landlord will use reasonable efforts in the event of a strike to secure parties not involved in the labor dispute to provide minimum services for cleaning rest rooms, waste removal, and janitorial services. Notwithstanding the foregoing, in the event that Tenant’s utilities are disrupted due to the negligence of Landlord and such disruption prevents Tenant from operating its business at the Premises for more than seventy-two (72) hours, Tenant shall be entitled to an abatement of Rent from and after the expiration of such seventy-two (72) hour period, during the period it cannot operate its business, however occurring, through or in connection with or incidental to failure to furnish until such time as such utilities are restored. In the event of any such interruption of any such services, Landlord shall use reasonable diligence to restore such service in any circumstances in which such interruption is caused by Landlord’s fault. If Tenant uses heat shall notify Landlord in writing of any need for an increase in power usage or if Tenant’s power usage increases over and above its existing usage. Whenever heat-generating machines or equipment or lighting other than building standard lights are used in the Premises which by Tenant that unreasonably affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air air-conditioning units in the Premises and Premises, the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand billing by Landlord, which billing shall be accompanied by appropriate invoices. Should If Tenant consume water or electric current installs lighting requiring power in excess of that usually furnished or supplied standard consumption in the Building for the use of premises as general office space Landlord may have installed a water meter or electrical current meter use, as defined under “(i)” in the Premises to measure second paragraph of this section, or if Tenant installs equipment requiring power in excess of standard consumption for general office use, as defined under “(i)” in the amount second paragraph of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately meteredsection, Tenant shall pay promptly to Landlord upon demand for all utilities consumed at utility rates charged by billing the local public utility plus entire cost of such excess power as Additional Rent, together with the entire cost and expense of installing and maintaining any additional expense incurred by Landlord in keeping account of risers, meters, panels, wiring or other facilities that may be necessary to furnish such excess power to the utilities so consumed. Tenant shall be responsible for the maintenance Premises and repair of any such meters at its sole costseparate accounting therefor.

Appears in 1 contract

Samples: Office Lease (National Commerce Corp)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use use, of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of of, or injury to to, property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time anytime separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Hangar Lease (Air Methods Corp)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during the hours of 8:00 A.M. to 6:00 p.m., Monday through Friday, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore 's actual costs therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space space, without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, meters at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant Landlord shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and five (5) days per week janitor services in a manner that such services are customarily furnished to comparable office building in the area.

Appears in 1 contract

Samples: Webvan Group Inc

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunderhereunder and subject to the rules and regulations of the Building, Landlord agrees to shall furnish to the Premises at all times , premises electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heating and “HVAC” as is reasonably air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm premises and janitorial services, five days per week, Monday through Friday (except Holidaysfor holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the BuildingBuilding of which the premises are a part except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant's expense. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however however, occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses heat generating Wherever machines or Illegible ---------- Initials equipment are used in the Premises premises which generate heat or affect the temperature otherwise maintained by the HVAC air conditioning system, or are an abnormal burden upon such system, Landlord reserves the right right, but shall have no obligation, to install supplementary air conditioning units in the Premises premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Lease Agreement (Medicode Inc)

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Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times his sole discretion, and subject to the Rules, Regulations and Procedures of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord’s judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Buildingjanitorial service. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord’s failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessinjury, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established reasonably estimated by an estimate made Landlord, and paid by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Principal Lease Provisions (Guidance Software, Inc.)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion (currently Monday through Friday 8:00 a.m. to 6:00 p.m., excepting nationally recognized holidays, and Saturdays from 8:00 a.m. to 1:00 p.m.), and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning (“HVAC”) as is reasonably required in Landlord’s judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore therefor on demanddemand (currently $45.00 per hour). Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, . Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, . Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent. Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric electrical current consumed. The cost of any such meter and of its installationInstallation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Sublease Agreement (Biolargo, Inc.)

Services and Utilities. Landlord 13.1 Provided Tenant shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control servicesnot be in default under this Lease, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times common areas of the Building during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), electricity the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal desk top office equipment, .normal copying equipment, technical equipment, use of the common area; (b) heat and “HVAC” air conditioning required in Landlord’s judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by non-attended automatic elevators; (e) such window washing as is may from time to time in Landlord’s judgment be reasonably required and (f) Landlord shall make provisions to bring electricity to a bus duct on the floor of the Premises in an amount equal to 1,000 amps @ 480V on or before the Commencement Date. Landlord also agrees that if additional power is required by Tenant, Landlord shall reasonably assist Tenant in procuring additional power internally in the Building by finding additional unused sources on other floors and in making the back-up generator power available pursuant to Section 38.6(i) in accordance with the terms and conditions set forth in that provision. If pursuant to the foregoing sentence, Landlord determines that power is internally available from time to time due to a vacancy on a floor or otherwise, Landlord has a right to terminate this additional capacity from time to time upon reasonable notice, in order to accommodate occupancy of vacancies or the needs of other tenant. If commercially available capacity is not available internally, then Landlord shall reasonably assist Tenant in procuring additional commercial power from ComEd, provided that Tenant advises Landlord of the need for the comfortable use same and occupancy of can reasonably show that it requires the additional power. Tenant shall procure electrical services directly from ComEd and shall arrange to be billed directly by said utility. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage charge shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the pro rata rates charged for such services by the local public utility. If Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to avoid and remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a separate meter is not installedforce majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the excess cost for such water and electric current shall be established by an estimate made by a utility company Building or an electrical engineer hired jointly by the Property, without advising Tenant in advance of Landlord’s requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord’s goals and at minimize the interruption to Tenant’s expenseuse, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. Nothing contained If the back-up capacity is not available to support Tenant’s requirements from ComEd or from the back-up generator on the Building through the Landlord, then Tenant shall have the right to install its own generator in this the Designated Areas (as defined in Section shall restrict 38.1 hereof), providing that Tenant pays Landlord for Landlord’s right out of pocket expenses in using the risers, the fuel tanks, and any other fixtures, systems and equipment situated on the Building which would be necessary for Tenant to require at any time separate metering install and operate its own generator. Upon the installation of utilities furnished to the Premises. In the event utilities are separately meteredTenant’s generator, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by have the local public utility plus any additional expense incurred by Landlord in keeping account of right to move Tenant’s power requirements from the utilities so consumed. Building’s generator onto its own unit, provided that Tenant shall be responsible pays for the maintenance and repair of any such meters at its sole costancillary services required to hook into the Building’s systems which are necessary to operate Tenant’s generator.

Appears in 1 contract

Samples: Neutral Tandem Inc

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunderhereunder and subject to the rules and regulations of the Office Building, Landlord agrees to shall furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, heating and “HVAC” as is reasonably air conditioning required in Landlord' s reasonable judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm janitorial services will be provided five days per week, Monday through Friday (except Holidaysholidays), . Electricity to the Premises for normal lighting and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall fractional horsepower office machines will be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandfurnished twenty-four hours per day seven days per week. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Buildingbuilding of which the Premises are pan except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant's expense. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent in case of negligence under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right right, but shall have no obligations, to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Lease Agreement (Medizone International Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (iI) the installationInstallation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, ***CROSSED OUT TEXT***consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Should Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon up demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, utility plus any additional expense incurred in keeping account of the excess cost for such water and electric current shall be established so consumed by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expenseLandlord. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costarea.

Appears in 1 contract

Samples: Villageedocs Inc

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, Landlord or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including Including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlet in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Interactive Telesis Inc

Services and Utilities. All services to be provided by Landlord and the management and operation of the Project shall furnish all normal be at or above a level consistent with that customarily provided to tenants of comparable buildings in the Tempe, Arizona, metropolitan area. All utility and other services to and utilities such as elevator servicefor the Premises, lighting replacement for building standard lightsincluding, restroom supplieswithout limitation, window washing, janitorial HVAC services, heatingwill be available twenty-four (24) hours a day, ventilation and air conditioning seven (“HVAC”7) days a week other than (I) during reasonable periods for customary maintenance, landscape maintenance, parking lot sweeping, pest control services, which will not be scheduled between 5:00 p.m. and fire alarm monitoring 10:00 p.m. on weekdays and between 8:00 a.m. and 1:00 p.m. on Saturdays with respect to the classroom portions of the Premises whenever possible and (if installed and required2) in a manner that where such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity only generally available for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the procurement during normal business hours. Tenant shall have the right, but not the obligation, to procure the services of security guards for the Project at Tenant's sole cost. Such additional HVAC and/or electricity usage security guards shall be electronically monitoredstationed on the Premises but shall be permitted to enter the Common Areas, including the parking areas, in connection with assisting students and generally safeguarding the Project. Tenant shall be solely responsible for arranging and paying for all utilities (including, without limitation, electrical power, natural gas, water, waste water drainage, storm sewer drainage and telephone service) and, except for the obligations of Landlord under Section 12 of the Lease, all other services or amenities that Tenant requires or desires to be furnished to the Premises from and after the Commencement Date for its occupancy, use and enjoyment thereof. Tenant will contract with the suppliers or vendors of all such utilities, services and amenities, and Tenant shall pay Landlord’s direct charges therefore on demandwill make all payments therefor directly to the supplier or vendor. Without limiting the generality of Section 4.c, Landlord shall also maintain and keep lighted will have no responsibility or liability for the common stairsinterruption or cessation of any utility, common entries and restrooms in service or amenity to the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting fromPremises, nor shall any such interruption or cessation entitle Tenant to any abatement of Rent or be deemed to constitute a constructive eviction of Tenant. Notwithstanding the Rent be abated by reason of (i) the installationforegoing, use or if an interruption of use of any equipment in connection with utilities or services is directly within the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, and (i) such interruption of utilities or by services shall continue for two (2) business days after written notice from Tenant to Landlord; (ii) such interruption of utilities or services shall render any portion of the making Premises unusable for the normal conduct of necessary repairs or improvements Tenant's business and Tenant, in fact, ceases to use and occupy such portion of the Premises, Building or Project, or Premises for the normal conduct of its business; and (iii) the limitationrestoration of such utilities or services is within the control of Landlord, curtailment or rationing of, or restrictions on, use then Base Rent payable hereunder with respect to such portion of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises rendered unusable for the normal conduct of Tenant's business and which affect the temperature otherwise maintained by the HVAC systemTenant, Landlord reserves the right in fact, ceases to install supplementary air conditioning units in the Premises use and the cost thereof, including the cost of installation, operation and maintenance thereofoccupy, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess abated after the expiration of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter such two (2) business day period, (in the Premises to measure event such utilities or services are not then restored), and continue until such time that the amount of water utilities or electric current consumedservices are restored. The cost of foregoing remedy shall be Tenant's sole and exclusive remedy for any such meter and its installation, maintenance and repair shall be paid for interruption of services or utilities by Landlord unless such interruption of services or utilities is caused by the Tenant and Tenant agrees to pay to gross negligence or willful misconduct of Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the which event utilities are separately metered, Tenant shall pay promptly upon demand for have all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by rights and remedies against Landlord under this Lease in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any addition to such meters at its sole costabatement.

Appears in 1 contract

Samples: Letter Agreement (KBS Real Estate Investment Trust II, Inc.)

Services and Utilities. 13.1 Subject to the provisions contained elsewhere herein and to the rules and regulations of the Building, Landlord shall furnish all normal services and utilities such as elevator servicecause to be furnished to the Premises electricity, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, together with heating, ventilation ventilating and air conditioning (“HVAC”) maintenance), landscape maintenancerequired in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises (but not in excess of such utilities and services which are customarily furnished in comparable office buildings in the immediate market area), parking lot sweepingduring the business hours of the Building, pest control serviceswhich shall initially be 8:00 A.M. to 6:00 P.M., Monday through Friday, and fire alarm monitoring (if installed 9:00 A.M. to 1:00 P.M., Saturday, except for holidays determined by Landlord from time to time, and required) janitorial services during the times and in a the manner that such services are customarily furnished to in comparable office buildings in the immediate market area. Landlord shall also shall, at Tenant’s request, provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business after- hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Projectprovided that Tenant shall pay to Landlord a charge therefor (based on all costs on a particular electrical bxxx [including, or (iii) the without limitation, curtailment surcharges or rationing ofother recovery charges]) as reasonably determined by Landlord from time to time; provided, or restrictions on, use of water, electricity, gas or any other form of energy that Tenant acknowledges that due to variations in rates charged by electricity providers serving the PremisesPremises over the term of the Lease, Building and other parameters not within Landlord’s control (such as usage of all other users [at the Project or Projectelsewhere] serviced by the electricity providers), it may not be known until a later date whether particular after-hours usage imposed additional costs to Landlord (and Landlord may need to retain consultants, which has been imposed upon shall be reasonably acceptable to Tenant, to determine whether there were and the extent of any such additional costs), and Tenant agrees to pay Landlord for any additional costs (including the cost of any consultants) as and when requested by Landlord; provided, that Landlord’s request shall be accompanied by commercially reasonable documentation. Tenant shall notify Landlord at least forty-eight (48) hours in advance prior to noon on any business day of-Tenant’s after-hours HVAC requirements. The Building’s HVAC system shall not be liable except where Landlord is found provide HVAC on a floor-by-floor basis. Tenant shall keep and cause to be grossly negligent kept closed all window coverings when necessary because of the sun’s position, and Tenant also shall at all times cooperate fully with Landlord and abide by all the regulations and requirements which Landlord may prescribe for a loss the proper functioning and protection of or injury to property or businessthe heating, however occurring, through or in connection with or incidental to failure to furnish any such servicesventilating and air conditioning system. If Tenant uses heat any heat-generating machines machine, excess lighting or equipment used in the Premises which affect affects the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to shall notify Tenant, and Tenant-shall, within twenty (20) days after receipt of such notice, remove or disconnect such machine or equipment; provided that if Tenant does not remove or disconnect such machine or equipment, Landlord may install supplementary air conditioning units in the Premises Premises, and the cost thereofthereof (including, including but not limited to, the cost of installation, separate utility metering, operation and maintenance thereof, ) shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water If Landlord, in its reasonable discretion, determines that the operation of a bank branch or electric current in excess of that usually furnished the ATM, or supplied for the use of premises the “Bank Visitor Only” parking spaces (as general office space Landlord may have installed described in Section 334.8) requires the presence of a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately meteredsecurity guard, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters solely responsible, at its sole cost, to provide same.

Appears in 1 contract

Samples: Lease (Beverly Hills Bancorp Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord Xxxxxxxx agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: www.epage.se

Services and Utilities. Landlord shall furnish all to the Premises, subject to the provisions of paragraph 5.3 of the Lease, utilities as specified in Article 9. All utilities, including, without limitation, water, electricity, gas and sewer, shall be available to the Premises 24 hours per day, every day throughout the term, in quantities sufficient for Tenant's normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the areabusiness operations. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish access to the Premises at all times 24 hours per day, electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for every day throughout the comfortable use and occupancy of term. In the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If event that Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling consumes services or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current utilities in excess of that usually furnished or supplied to the Premises for the use of premises the Premises as general office space Landlord may have installed a water meter space, as reasonably determined by Landlord, and such services or electrical current meter in the Premises to measure the amount of water utilities are not separately metered or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be otherwise directly paid for by the Tenant and Tenant agrees to pay to Tenant, then Landlord promptly upon demand may under such circumstances establish a monthly pro rata charge for all such water and electric current consumed as shown by said meters, at the rates charged for Tenant's excess use or consumption of such services by and utilities. Notwithstanding any provisions of Article 9 of the local public utility. If a separate meter is not installedLease to the contrary, the excess cost for such Landlord shall provide natural gas and electricity, including steam generator, vacuum, reverse osmosis/deionized water treatment system, uninterrupted power supply, and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished emergency generator to the Premises. In Landlord, Tenant and Tenant's second floor co-tenant, shall cooperate to establish fair and equitable methods for the proration of second floor costs of the natural gas and electricity supplied by Landlord. Such agreed upon methods shall be in writing and incorporated within the Lease. If no such methods can be agreed upon, the costs of such utilities shall be prorated by Landlord on a straight square-footage basis; provided, however, in the event that said formula does not lead to a fair and equitable proration because the second floor tenants do not use electricity or other utilities are separately meteredin proportionally equal amounts, Tenant Landlord shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumedadjust said formula as necessary to lead to such fair and equitable proration. Tenant Any such proration shall be responsible for reviewed from time to time so that it accomplishes the maintenance and repair purposes intended hereby. In either case, the prorated costs of any such meters at its sole costutilities shall be additional rent due under the Lease.

Appears in 1 contract

Samples: Protein Polymer Technologies Inc

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipmentduring generally recognized business days, and during hours determined by Landlord in its sole discretion (which are presently from 8:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to 1:00 p.m. on Saturdays, with Sundays and holidays excluded), and subject to the Rules and Regulations of the Building or Project, heating, ventilation and air conditioning (“HVAC”) as is reasonably required required, in Landlord’s judgment, for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries entries, and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use use, or interruption of use use, of any equipment in connection with the furnishing of any of the foregoing services, ; (ii) failure to furnish furnish, or delay in furnishing furnishing, any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, ; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, occurring through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost costs thereof, including the cost of installation, operation operation, and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Landlord will use all reasonable measures to remedy any and all disruptions associated with the delivery of common area utilities in a timely manner. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume any water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained Landlord shall furnish elevator service, common area lighting replacement for building standard lights, common area restroom supplies, window washing and janitor services in this Section shall restrict Landlord’s right to require at any time separate metering of utilities a manner that such services are customarily furnished to comparable office buildings in the Premisesarea. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account a deemed pro-rata share of the utilities so consumed. Tenant shall be responsible for the maintenance electrical service equal to One and repair of any such meters at its sole costTwenty-Five/100 Dollars ($1.25) per Rentable Square Foot per year.

Appears in 1 contract

Samples: Lease Agreement (Cardio Diagnostics Holdings, Inc.)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord Xxxxxxxx agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage Landlord shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. use reasonable efforts to furnish such service upon reasonable notice from Tenant; Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves Tenant shall not, without the right to install supplementary air conditioning units written consent of Landlord, use any apparatus or device in the Premises and the cost thereofPremises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the cost use of installationpremises as general office space, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand as determined by Landlord. Should Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained Landlord shall furnish electric service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in this Section shall restrict Landlord’s right to require at any time separate metering of utilities a manner that such services are customarily furnished to comparable office buildings in the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costarea.

Appears in 1 contract

Samples: California Independent Bancorp

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top desktop office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter *See addendum paragraph 8 services and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expenseutilities. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Lease (Aurum Software Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipmentduring generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore there for on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, ; electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises which consumes more electricity than is usually furnished or supplied for the use of premises as aircraft hangar space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office aircraft hangar space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish if any, as such services are customarily furnished to comparable aircraft hangar buildings in the area.

Appears in 1 contract

Samples: Hangar Lease (Air Methods Corp)

Services and Utilities. A. Provided Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building. Landlord shall furnish all normal services to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord as 8:30 AM to 5:30 PM, Monday through Friday (exclusive, in any event, of Saturdays, Sundays and utilities such as elevator servicelegal holidays), lighting replacement water for building standard lightslavatory and drinking purposes and electricity, restroom supplies, window washing, janitorial services, heating, ventilation heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (“HVAC”) maintenancebut not including above-standard or continuous cooling for excessive heat-generating machines, landscape maintenanceexcess lighting or equipment), parking lot sweeping, pest control services, janitorial services during the times and fire alarm monitoring (if installed and required) in a the manner that such services are are, in Landlord’s judgment, customarily furnished to in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both at the option of Landlord. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided Tenant acknowledges that Tenant is not in default hereunder, Landlord agrees to furnish to has inspected and accepts the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas heat and air conditioning and other utilities and services being supplied or any other form furnished to the Premises as of energy serving the date Tenant takes possession of the Premises, Building or Projectas being sufficient for use of the Premises for reasonable and normal office use in their present condition, which has been imposed upon “as is,” and suitable for the LandlordPermitted Use, and for Tenant’s intended operations in the Premises. Landlord shall not be liable except where have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord is found elects to provide such services at Tenant’s request, Tenant shall pay to Landlord, sixty dollars ($60) per hour with a two (2) hour minimum charge per each activation, subject to adjustment at Landlord’s sole discretion. Tenant agrees to keep and cause to be grossly negligent kept closed all window covering when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and in abide by all of the regulations and requirements which Landlord may prescribe for a loss the proper functioning and protection of or injury to property or businesselectrical, however occurringheating, through or in connection with or incidental to failure to furnish any such servicesventilating and air conditioning systems. If Tenant uses heat Wherever heat-generating machines machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Weekly Services (Premier Commercial Bancorp)

Services and Utilities. Provided that Tenant is not in material monetary default hereunder, Landlord shall agrees to furnish all to the Premises during generally recognized business days, and during hours determined by Landlord 7:00 a.m. to 6:00 p.m. Monday through Friday in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal services desk top office equipment and utilities such as elevator servicenormal copying equipment equipment consistent With Tenant’s current use of the Premises, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, and heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) as required in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required Landlord’s judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours Landlord shall maintain adequate HVAC in Premises at or around 74 degrees Fahrenheit in summer and at around 68 degrees Fahrenheit in winter for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdaysstandard Office use. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore therefor on demanddemand following rendition of an invoice, but not to exceed $50.00 per hour per floor in the multi-tenant (South) building. In the single tenant (North) building, any after hours electricity and HVAC cost incurred as a result of Tenant’s after hours use shall be billed at Landlord’s actual cost to the Tenant in the form of excess operating expenses for that building. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should If Landlord shall fail adequately to provide any service (including, without limitation, heat, ventilation, cooling, electric running water and supplies in washrooms, access to and egress from the Premises, and heat, lighting and janitorial service to the Premises and common areas), make any repair or otherwise breach any of its obligations under this Lease, then, without waiving any rights or remedies available to Tenant at law or equity, Tenant may upon ten (10) days’ notice to Landlord remediate such remedy or breach, including without limitation, paying outstanding real estate taxes and utilities on the Building, and deduct the reasonable and necessary costs thereof from rent and additional rent payable by Tenant hereunder. Tenant shall not, without the written consent of Landlord, not to be unreasonably withheld, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as reasonably determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as reasonably determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric electrical current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional actual expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional actual expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Janitorial services shall be contracted for pursuant to specifications acceptable to Tenant.

Appears in 1 contract

Samples: Office Building Lease (Realogy Corp)

Services and Utilities. a. Standard Services Landlord shall maintain the Premises, and the public and Common Areas of the Building in good order and condition consistent with the operation and maintenance of a first-class office building in downtown Seattle, Washington. Landlord shall also maintain, repair and replace all structural components of the Building. Landlord shall furnish all the Premises with electricity for normal services office use, including lighting and utilities such as operation of low power usage office machines, water, elevator service, lighting replacement for building standard lights, restroom supplies, window washingsanitary sewer service, janitorial servicesservice, heatingplumbing, ventilation air conditioning, ventilation, heating and air conditioning (“HVAC”) maintenanceelectrical systems, landscape maintenance, parking lot sweeping, pest control services, local telephone service and fire alarm monitoring (if installed and required) all other utility services used in a manner that such services are customarily furnished to comparable the Premises at all times during the term of the Lease. The HVAC system shall be operated at standards consistent with other first class office buildings in the areadowntown Seattle, Washington. Landlord shall also provide waterlamp replacement service for the Building's standard light fixtures, sewertoilet room supplies, electricwindow washing at reasonable intervals, gas and trash removal services customary building janitorial service for the Common Areas. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. Attached hereto and incorporated by this reference as Exhibit D are the current standards for janitorial service for the Premises and Common Areas ("Janitorial Standards"). Landlord reserves the right to amend, modify or change the Janitorial Standards in the future provided such standards remain consistent with janitorial standards of other first class office buildings in downtown Seattle. The costs of any janitorial or other service provided by Landlord to Tenant which are in addition to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the services ordinarily provided Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage tenants shall be electronically monitored, and repaid by Tenant shall pay Landlord’s direct charges therefore on demandas Additional Rent upon receipt of billxxxx xxxrefor. Landlord shall also maintain exterior landscaping around the Building and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costCommon Area Items.

Appears in 1 contract

Samples: Lease Agreement (Telecommunication Systems Inc /Fa/)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times Premises, during generally recognized business days and during hours determined by Landlord, in its sole discretion, and subject to the Rules and Regulations of the Building or Project electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such services upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore on demand. Landlord shall also maintain and keep lighted the common stairsstars, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of of: (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, ; (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, ; or (iii) the "limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to to, failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense expenses incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the cost of maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Lease (Aurum Software Inc)

Services and Utilities. Landlord Lessor shall furnish all normal services and utilities such as elevator servicereasonably adequate electricity, lighting replacement for building standard lightswater, restroom lavatory supplies, window washingand automatically operated elevator service and normal and customary cleaning and char service (on a five (5) day week basis exclusive of legal holidays) after business hours. Lessor shall furnish hot and cold water at those points of supply provided for general use of other tenants in the Building, janitorial servicescentral heat and air-conditioning in season, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control servicesat such times as Lessor normally furnishes these services to other tenants in the Building, and fire alarm monitoring (if installed at such temperatures and required) in a manner that such amounts as are considered by Lessor to be standard, Monday through Friday, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 1 p.m. exclusive of Sundays and holidays during such seasons of the year when such services are customarily normally and usually furnished to comparable in the modern office buildings in the Washington, D.C. metropolitan area. Landlord shall also provide water; routine maintenance, sewerpainting and electric lighting service for all public areas, electric, gas garage and trash removal services special service areas of the Building in the manner and to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees extent deemed by lessor to be standard; proper electrical facilities to furnish sufficient power to the Premises at all times machines of low electrical consumption provided, electricity however, that, except for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as reasonable quantities of low electrical consumption equipment which Lessee is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am permitted to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms install in the Building. Landlord Demised Premises pursuant to Section 14 without Lessor's consent, Lessee shall bear the utility costs occasioned by electro-data processing machines, including air-conditioning costs therefor, mini computers, mainframe computers and similar machines of high electrical consumption; all subject to Federal, State and County governmental controls and regulations; but failure by Lessor to any extent to furnish these defined services, or any cessation thereof, resulting from causes beyond the control of Lessor, shall not be render Lessor liable in default hereunder any respect for damages to either person or be liable for any damages directly or indirectly resulting fromproperty, nor shall the Rent be abated by reason construed as an eviction of (i) the installationLessee, use or interruption nor work an abatement of use Rent, nor relieve Lessee from fulfillment of any equipment in connection with the furnishing of covenant or agreement hereof. Should any of the foregoing servicesBuilding equipment or machinery break down, (ii) failure or for any cause cease to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event function properly, Lessor shall, upon receipt of notice Subject to the terms hereof, regular maintenance and repairs, and circumstances and events beyond the reasonable control of LandlordLessor, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord Lessor shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses provide heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary and air conditioning units at times in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant addition to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said metersthose specified above, at the rates charged Lessee's expense upon not less than twenty-four (24) hours written notice from Lessee, but in not event shall notice be provided later than 11:00 a.m. on a Friday for such services by the local public utilityweekend or holiday overtime operation. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant Lessee shall pay promptly Lessor for said after-hours service based upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord Lessor's building standard service charge then-in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance effect and repair of any such meters at its sole costsubject to change from time to time.

Appears in 1 contract

Samples: Abovenet Communications Inc

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipmentmachines, .normal copying equipment, technical equipment, heat and “HVAC” as is reasonably air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandjanitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the Rent be abated reduction of rental by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume will not, without written consent of Landlord, use any apparatus or device in the Premises, including, without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or and electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense incurred keeping account of the water and electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 1 contract

Samples: Coast Bancorp

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord Xxxxxxxx agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: American River Holdings

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at all times his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal desk top lighting and fractional horsepower office equipment, .normal copying equipment, technical equipment, machines and “HVAC” as is reasonably heat and air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet/shower rooms in the BuildingBuilding of which the Premises are a part. Landlord shall not be in default hereunder or be liable for liable, under any damages directly or indirectly resulting fromcircumstances, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of the installation, and the cost of the operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electrical current. If Tenant shall require electric current in excess of that usually furnished or supplied for the use of premises the Premises as general office space space, Tenant shall first procure the written consent of Landlord, which Landlord may have installed a water meter or refuse, to the use thereof and Landlord may cause an electrical current meter to be installed in the Premises Premises, so as to measure the amount of water or electric current consumedconsumed for any such use. The cost of any such meter meters and its of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility furnishing the same, plus any additional expense insured in keeping account of the electric current so consumed. If a separate meter is not installed, the such excess cost for such water and electric current shall will be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costengineer.

Appears in 1 contract

Samples: Office Space Lease Agreement (Mobile Pet Systems Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning (“HVAC”) as is reasonably required in Landlord’s judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as Lessor’s Initials Lessee’s Initials determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric electrical current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Office Building Lease (1st Centennial Bancorp)

Services and Utilities. Landlord shall agrees to furnish all normal services and utilities such as elevator servicethe Premises during reasonable office hours, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services6:00 a.m. to 6:00 p.m. Monday through Friday, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished 8:00 a.m. to comparable office buildings in the area. Landlord shall also provide water12:00 PM on Saturday, sewer, electric, gas and trash removal services to the building as required. Provided that while Tenant is not in default hereunder, Landlord agrees to furnish under any of the provisions of this Lease and subject to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy regulations of the Premises. The normally recognized business hours for Building wherein the Building Premises are as followssituated, with: 7:00 am to 6:00 pm Monday through Friday (except Holidays), heat and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the air conditioning during normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, normal water and electric current for lighting and ordinary business appliances, such as computers, and such other appliances and equipment that do not result in an overload in the electrical system, and Tenant agrees to pay for all other services supplied to said Premises not hereinbefore in this Paragraph enumerated. In the event Tenant should consistently require electricity in excess of normal business hours, Tenant shall pay reimburse Landlord for such excessive electricity usage at the rate of Landlord’s direct charges therefore on demand's estimated hourly cost. Landlord shall also maintain may install such energy conservation devices, as Landlord deems necessary including, without limitation, thermostat cover locks and keep lighted the common stairsair conditioning timers. Landlord, common entries and restrooms in the Building. Landlord however, shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of failure to furnish any of the foregoing services, (ii) failure to furnish or delay services specified in furnishing any such services where this Paragraph when such failure or delay is caused by accident or any condition or event conditions beyond the reasonable control of Landlord, Landlord's contractors, agents, employees, servants, or invitees, or by the making of necessary accidents, repairs or improvements to the Premisesstrikes, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. nor shall such failure constitute an eviction; nor shall Landlord shall not be liable except where Landlord is found to be grossly negligent in the event of Landlord's, Landlord's contractors, agents, employees, servants, or invitees negligence for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish the furnishing of any such servicesof the foregoing. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation electronic data processing machines, punch card machines and using current in excess of 110 volts (note-the electrical service within the building can accommodate 480 volts/277-three phase service.) which will increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume require water or electric current in excess of that usually furnished or supplied for use of the Premises as general medical office space, Tenant shall first procure the consent of Landlord to the use of premises as general office space thereof and Landlord may have installed cause a water meter or electrical electric current meter to be installed in the Premises so as to measure the amount of water or and electric current consumedconsumed for any such other use. The cost of any such meter meters and its installation, maintenance maintenance, and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand by Landlord for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the City of Tucson or the local public utility. If a separate meter is not installed, as the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to case may be, furnishing the Premises. In the event utilities are separately meteredsame, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so water and electric current consumed. August 10, 2006 Landlord JCO Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.GC

Appears in 1 contract

Samples: Office Lease (Imarx Therapeutics Inc)

Services and Utilities. 14.1 Landlord shall will furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, to the Premises heating, ventilation and air air-conditioning ("HVAC") maintenance, landscape maintenance, parking lot sweeping, pest on a year-to-year basis throughout the Premises appropriate to the season. The equipment is designed to be capable of maintaining a uniform indoor temperature of approximately 75 degrees Fahrenheit Dry Bulb at a maximum of 50% Relative Humidity in summer based on the local outdoor design condition and approximately 70 degrees Fahrenheit Dry Bulb at a minimum of 25% Relative Humidity in the winter based on local outdoor design condition. Temperature control servicesshall be automatic, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the areaequipment is capable of maintaining temperature set point +5 degrees Fahrenheit. Under ordinary circumstances, Landlord shall also provide water, sewer, electric, gas and trash removal services to set the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to thermostats for the Premises at all times , electricity 73 degrees Fahrenheit during the season for normal desk top office equipment, .normal copying equipment, technical equipment, air-conditioning and “HVAC” as is reasonably required at 68 degrees during the season for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found for any failure to be grossly negligent for a loss maintain comfortable atmosphere conditions in all or any portion of the Premises due to excessive heat generated by any equipment or injury to property or business, however occurring, through or in connection machinery installed by Tenant (with or incidental without Landlord's consent) or due to any impact that Tenant's furniture, equipment, machinery, millwork or skylights might have upon the delivery of HVAC to the Premises. For purposes of this Section 14.1, excessive heat shall be deemed to result from (a) the installation of machinery or equipment, other than normal office machinery and equipment, in an area not engineered for such office machinery and equipment or (b) the installation and concurrent operation of a number of normal office machines or pieces of equipment in an area not engineered for such a concentration. For example, a typical office will provide comfortable temperatures for its occupant when a normal personal computer is installed and operated in that office, but it may not do so if an unusually large computer or a number of smaller computers are installed and operated in that office. Landlord shall not be liable for its failure to furnish any such servicesmaintain comfortable atmosphere conditions due to an occupancy load of more than one person per one hundred and fifty (150) square feet. Landlord will provide: standard janitorial service, in accordance with the janitorial specifications attached hereto as Exhibit H, on Monday through Friday only, excluding federal legal holidays; electricity; water; and exterior window-cleaning service. Landlord shall provide heating, ventilation and air-conditioning as required pursuant to this Lease during the normal hours of operation of the Building, which normal hours of operation of the Building will be 8:00 a.m. to 7:00 p.m. on Monday through Friday, 9:00 a.m. to 1:00 p.m. on Saturday (except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day). If Tenant uses requires air-conditioning or heat generating machines or equipment in beyond the Premises which affect normal hours of operation, then Landlord will furnish the temperature otherwise maintained by the HVAC systemsame, and Landlord reserves the right to shall install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water "run hour" meter or electrical current meter buttons in the Premises to measure control the amount seven (7) rooftop HVAC units to allow Tenant to control the usage of water air-conditioning or electric current consumedheat after the normal hours of operation. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord such extra service in keeping account accordance with Landlord's then-current schedule, which current rate is eight dollars ($8.00) per hour for each of the utilities so consumedseven (7) rooftop HVAC units serving the Premises, and which current rate is subject to increase from time to time to reflect increases in Landlord's direct costs for electricity in providing extra service. Tenant shall pay for such extra service within twenty (20) days after receipt of Landlord's statement for such charges; provided, however, that if Tenant is in default under this Lease (all notice and cure periods having expired), Landlord shall have the right to terminate Tenant's right to utilize the "run hour" meter buttons. Except as otherwise specified herein, Landlord shall not be responsible for required to furnish services and utilities during hours other than the maintenance and repair normal hours of any such meters at its sole costoperation of the Building.

Appears in 1 contract

Samples: Lease Agreement (Best Software Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, 12.1 Landlord agrees to furnish to the Premises at all times between the hours of 7:00 a.m. through 6:00 p.m., Monday through Friday, and 7:00 a.m. through noon Saturday, exclusive of holidays, electricity for normal desk top lighting and fractional horsepower office equipment, .normal copying equipment, technical equipmentmachines, and “HVAC” as is reasonably heat and air conditioning required in Landlord's judgment for the comfortable use and occupancy occupation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay as additional rent the cost of heat, air conditioning and utilities furnished during other than the normal hours established by Landlord’s direct charges therefore on demand, at a minimum hourly fee as determined by Landlord from time to time and in no event less than Thirty and No/100 Dollars ($30.00) per hour of such use. Tenant shall provide Landlord with Forty-Eight (48) hours advance written notice of the need for such additional use. Landlord shall provide janitorial service as provided in this Lease. Landlord shall provide lamp replacement for Landlord-furnished lighting, toilet room supplies, and exterior glass washing with reasonable frequency. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms toilet rooms in the Building. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall the reduction of Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, utility outages, lockouts or other labor disturbances or labor disputes of any condition character or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, and; no temporary interruption or by failure of such services incident to the making of necessary repairs repairs, alterations or improvements to the Premises, Building shall be deemed as an eviction of Tenant or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use relieve Tenant from any of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the LandlordTenant's obligations hereunder. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or businessproperty, however occurring, through or in connection with or incidental to failure to furnish any such servicesof the foregoing. If Tenant uses Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises Premises, and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Avenue South Lease Agreement (Cobalt Group Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services 12.1 Subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at during the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. Saturday (including all legal holidays that fall on such days but exclusive in any event of Sundays), the following full-service services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required for the use and occupation of the Premises; (c) janitorial service as described in Schedule 1 hereto; (d) elevator service; (e) such window washing as may from time to time be reasonably required; provided, however, not less than three times during any twelve month period; (f) equipment to bring to Tenant's meter, electricity for lighting, convenience outlets and other normal desk top office equipment, .normal copying equipment, technical equipment, use; and “HVAC” as is reasonably required (g) electricity. After hours heat and air conditioning shall be available on a "zone basis" within the Premises and provided to Tenant at Landlord's actual cost for such services within such zone. To the extent that Tenant uses more than its pro rata share of electricity for the comfortable use and occupancy of Building, Landlord shall, at its expense, separately meter the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, Premises and Tenant shall pay Landlord’s direct to Landlord the charges therefore on demandassociated with such increased use. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, The charge shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current Landlord shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord liable for, and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible entitled to, an abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing for the maintenance any period of five (5) consecutive days or for ten (10) days in any twelve month period, after written notice of such failure is given to Landlord by Tenant and repair provided that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any such meters at its sole costcharacter, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable best efforts to remedy any interruption in the furnishing of services and utilities.

Appears in 1 contract

Samples: Assignment, Assumption and Novation Agreement (Viasoft Inc /De/)

Services and Utilities. Landlord shall agrees to furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial servicesto the Premises during normal business hours on generally recognized business days subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity, heating, ventilation and air conditioning (HVAC) maintenance, landscape maintenance, parking lot sweeping, pest control services, as required in Landlord's reasonable judgment for the comfortable use and fire alarm monitoring (if installed occupancy of the Premises; lighting replacement for building standard lights; window washing and required) janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide watersupply common area water for drinking, sewer, electric, gas cleaning and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demandrestroom purposes only. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the BuildingBuilding and shall furnish elevator service and restroom supplies. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord's charges therefor on demand. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (ia) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (iib) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iiic) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or through, in connection with or incidental to the failure to furnish any such services. If Tenant uses heat generating machines shall not, without the prior written consent of Landlord, use any apparatus or equipment device in the Premises Premises, including, without limitation, electronic data processing machines, punch card machines, word processing equipment, personal computers, or machines using in excess of 120 volts, which affect consumes more electricity than is usually furnished or supplied for the temperature otherwise maintained by the HVAC systemuse of desk top office equipment and photocopy equipment ordinarily in use in premises designated as general office space, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand as determined by Landlord. Should Tenant shall not connect any apparatus to electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may have installed a water meter or refuse. In the event of consent, electrical current meter shall be separately metered in the Premises to measure the amount of water or electric current consumedTenant's name and paid for by Tenant. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Lease Agreement (Midwest Medical Insurance Holding Co)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services 13.1 Subject to the building as required. Provided that Tenant is not in default hereunderother provisions of this Lease, Landlord agrees to furnish to the Premises at all times , electricity the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) hot and cold water suitable for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises; (b) heat and air conditioning (which shall be controlled by Tenant); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. The normally recognized business hours for To the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If extent that Tenant desires HVAC and/or electricity at any other timeis not billed directly by a public utility, Tenant may override the HVAC and/or electricity system for additional heatingshall pay, cooling or electricity outside within five (5) days of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated all electricity used by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained as measured by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, sub-meter. The charge shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility, without xxxx-up. If a separate meter In the absence of Landlord’s negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing. Where there is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company negligence or an electrical engineer hired jointly willful misconduct by Landlord and the interruption in service shall persist for an unreasonable time (in no event less than thirty (30) days) after written notice of such failure is given to Landlord by Tenant and at materially interferes with Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering use of utilities furnished or access to the Premises. In , Rent shall xxxxx from and after such thirty (30) day period until the event utilities are separately meteredapplicable service is resumed, Tenant but there shall pay promptly upon demand for all utilities consumed at utility rates charged by be no abatement (and Landlord shall have no liability) where the local public utility plus any additional expense incurred by Landlord in keeping account restoration of the utilities so consumed. Tenant shall be responsible for the maintenance and repair interrupted service is beyond Landlord’s reasonable control due to accident, breakage, repairs, labor disputes of any such meters at its sole costcharacter, energy usage restrictions or by any other cause, similar or dissimilar. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.

Appears in 1 contract

Samples: Lease (Soapstone Networks Inc.)

Services and Utilities. 14.1 (a) Subject to Tenant’s obligations specified in this Lease, Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial provide the following services, each in a manner consistent with other first class office buildings in Washington D.C.: (1) heating, ventilation and air air-conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings the Premises during the Building Hours in the area. Landlord shall also provide waterseasons they are required and in accordance with the terms of Exhibit N; (2) janitorial service on Monday through Friday only (excluding the holidays set forth in Section 1.12 of this Lease (after 6:30 p.m. within the Premises and substantially in accordance with the specifications set forth in Exhibit I attached hereto), sewer, electric, gas and trash removal services (3) electricity of up to the building as required. Provided seven (7) wxxxx per rentable square foot for Tenant’s normal office power usage (provided that Tenant is not in default hereunder, Landlord agrees to furnish provide up to ten (10) wxxxx per rentable square foot in the Premises event Tenant demonstrates to Landlord Tenant’s need for such additional wattage), (4) standard hot and cold water in the Building standard bathrooms for lavatory and drinking purposes at all times subject to repair, electricity for normal desk top office equipmentmaintenance and emergency, .normal copying equipment(5) elevator service (with at least two (2) elevators in operation at all times, technical equipmentexcept in the event of an emergency), (6) exterior window-cleaning service which shall be provided in accordance with the cleaning specifications attached hereto as Exhibit J; (7) landscaping and “HVAC” as is reasonably required for snow removal during the comfortable use and occupancy seasons they are required. If in any applicable portion of the Premises. The normally recognized business hours for the Building Premises an excessive and unreasonable amount of equipment are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)stored, and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling used or electricity outside operated beyond in excess of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitoredapplicable design requirements for such space, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to any failure to furnish maintain comfortable atmosphere conditions in such portion of the Premises or any applicable portion of the Premises directly impacted by such servicesportion of the Premises, including due to excessive heat generated by any equipment or machinery installed by Tenant. If Tenant uses requires air-conditioning or heat generating machines beyond the Building Hours, then Landlord will furnish the same, subject to repair and maintenance from time to time, provided Tenant gives Landlord (i) with respect to a weekday that is part of Building Hours, written notice prior to 3:00 pm on such weekday, (ii) with respect to a Saturday that is part of Building Hours, written notice prior to 3:00 pm on the immediately preceding Friday (provided that such Friday is part of Building Hours (i.e., it is not a holiday) and if such Friday is not part of Building Hours, then prior to 3:00 pm on the last day that is part of Building Hours immediately preceding such Saturday) and (iii) with respect to a Sunday or equipment any other day that is not part of Building Hours, written notice prior to 3:00 pm on the last weekday that is part of Building Hours immediately preceding such Sunday or other day that is not part of Building Hours, and each such written notice shall include the requested duration of such after hour HVAC, and the applicable floor(s) and zone(s). Tenant shall pay, as additional rent, for such extra service a per-hour, per-zone charge in accordance with Landlord’s standard cost schedule, as it may be increased from time to time (based on the actual cost incurred by Landlord to provide such services without a profit increment but taking into consideration the time of any Building engineer or property manager and additional wear and tear on the Building systems); provided, however that in no event shall Tenant be charged more for such service on an hourly basis than any other tenant in the Building is charged. As of the date of this Lease, the current charge for such service is Fifty-Five Dollars ($55.00) per-hour, per-zone with two zones on each floor. If the same after-hours service is also requested by other tenants on the same floor as Tenant, the charge therefor to each tenant requesting such after-hours service shall be a pro-rated amount based upon the square footage of the leased premises of all tenants on the same floor requesting such after-hours services. Landlord agrees to provide an access-control system in the Building comparable to the system in first-class office buildings in the downtown Washington, D.C. area, which is designed to provide secured access to tenants of the Building and Landlord designees only. A description of such access-control system is attached as Exhibit G. Such access-control system shall permit Tenant to have access to the Premises on a 24-hour, seven-days-a-week basis (except in the event of emergency). Landlord shall, at its cost, provide an initial set of access cards to the Building and the Garage in an amount equal to the number of employees of Tenant who work at the Premises as of the Lease Commencement Date; provided, however, that any replacement or additional cards requested by Tenant after the Lease Commencement Date shall be provided by Landlord and Tenant shall reimburse Landlord for Landlord’s cost therefor. In addition, upon Landlord’s reasonable approval, which affect may include reasonable additional security procedures, Tenant shall have the temperature otherwise maintained by right, at Tenant’s sole cost and as an Alteration subject to the HVAC systemterms of Article X, Landlord reserves the right to install supplementary air conditioning units in its own access-control system for the Premises to restrict access to the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied provide for the use of premises the existing fire stairs for internal travel within the Premises and Tenant shall have the right, upon the reasonable approval of Landlord, to tie such additional access-control system into the access-control system for the Building. Landlord shall, as general office space part of Operating Expenses, use commercially reasonable efforts to cause the main Building lobby exterior door to only provide access to the Building by a security or proximity card after 7 p.m. until the next weekday morning at 7 a.m., at which point such door may provide access to the Building without a security or proximity card (subject to remaining open from time to time for special events). Landlord may have installed a water meter or electrical current meter shall, as part of Operating Expenses, (i) provide for at least one (1) security guard to be in the Premises Building on a 24-hour, seven-days-a-week basis, and (ii) cause commercially reasonable procedures to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to place that require at any time separate metering of utilities furnished visitors to the PremisesBuilding to sign-in a log upon entry. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus Landlord offers any additional expense incurred by Landlord in keeping account other material amenities or services to any other tenants of the utilities so consumed. Tenant Building, such amenities or services shall be responsible for offered to Tenant on the maintenance and repair same basis as offered to other tenants of any such meters at its sole costthe Building.

Appears in 1 contract

Samples: Office Lease Agreement (Blackboard Inc)

Services and Utilities. Landlord Tenant shall furnish all normal services have access and the ability to turn on electricity and HVAC 24 hours per day, 7 days per week. However, the standard building hours are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturdays from 9:00 a.m. to 1:00 p.m. In event Tenant utilizes after-hours utilities such as elevator serviceafter the above mentioned hours, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation Tenant shall keep track of the number of hours it utilizes each month and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner communicate that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services information to the building as requiredproperty manager. The over hours will be taken into consideration in calculating the pro rata share of utility bills to be reimbursed to the Landlord. Provided that Tenant is not paying its pro rata share of electricity as outlined in default hereunderthe Addendum, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof., shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of Of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies. window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Office Building Lease (Augment Systems Inc)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services13.1 Subject to the other provisions of this Lease, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the areaexcept as otherwise indicated. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times on a 24-hour basis, electricity the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) cleaning and janitorial service after Building Business Hours; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Tenant shall pay for all electricity used by Tenant in the Premises including HVAC-related costs pursuant to Section 13.6) as determined by metered usage of the space occupied. The normally recognized business hours charge shall be at the rates charged by the local public utility. Landlord agrees to use commercially reasonable efforts to consult with Tenant when electrical power contracts are being negotiated and Landlord shall act in good faith in finalizing its electrical power contracts having taking into consideration, among other things, such consultation with Tenant, the needs of all affected tenants and affected buildings as well as the then-market rates. Tenant shall meter all electricity use within the Building and determine Tenant’s share of such electrical service costs on a quarterly basis. Tenant shall pay Landlord $25,000 per month as an advance payment for such electricity. Within fifteen (15) days after the end of each quarter, Tenant shall provide Landlord with the meter readings for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday prior quarter and its determination of Tenant’s share of such electrical usage for said quarter. Landlord shall (except Holidays)i) review such meter readings and confirm the determination of Tenant’s share of such usage, and 8:00 am (ii) multiply Tenant’s usage by the applicable electricity rates in effect during the prior quarter to 1:00 p.m. on Saturdaysdetermine Tenant’s share of electricity costs for said quarter. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside Within thirty (30) days from receipt of the normal business hours. Such applicable meter readings and Tenant’s determination of its share of usage, Landlord shall invoice Tenant for any additional HVAC and/or electricity usage amounts owed to Landlord having reconciled the advanced payment against the actual electrical service cost incurred for the prior quarter, which invoiced amount shall be electronically monitoreddue to Landlord within twenty (20) days following Tenant’s receipt of such invoice along with copies of the invoices from the electrical power supplier evidencing the applicable electrical rates. Landlord acknowledges that the Tenant is relying upon timely receipt of Landlord’s invoices for electric power costs for budgeting and financial statement purposes. Accordingly, if Landlord fails to provide the invoices within said thirty-day period and Tenant subsequently sends written notice to Landlord (“Tenant’s Notice”) that it has failed to do so, Landlord waives any right to receive payment for electricity costs in excess of the advanced payment for any applicable quarter, provided that Landlord has not cured such failure to send such invoices within ten (10) days after receipt of Tenant’s Notice. Any overpayments determined pursuant to such quarterly determination shall be deducted from the next monthly advance. In the absence of Landlord’s negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall pay not be entitled to, any abatement or reduction of rental by reason of Landlord’s direct charges therefore on demand. failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord shall also maintain by Tenant and keep lighted the common stairs, common entries and restrooms in the Building. provided further that Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any condition other cause, similar or event dissimilar, beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found use reasonable efforts to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish remedy any such services. If Tenant uses heat generating machines or equipment interruption in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises furnishing of services and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumedutilities. The cost provisions of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section 13.1 shall restrict Landlord’s right to require at any time separate metering survive the termination or expiration of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costthis Lease.

Appears in 1 contract

Samples: BigBand Networks, Inc.

Services and Utilities. Landlord shall furnish all normal services to the Premises, ---------------------- subject to the provisions of paragraph 5.3 of the Lease, lighting, water, electricity, gas, sewer and utilities such as other utilities, elevator service, lighting replacement for building standard lightsjanitorial service, restroom supplies, window exterior window-washing, janitorial servicesHVAC equipment and filter maintenance services pursuant to the standard set forth in Section 1, heatingabove. All utilities, ventilation including, without limitation, water, electricity, gas and air conditioning (“HVAC”) maintenancesewer, landscape maintenanceshall be available to the Premises 24 hours per day, parking lot sweepingevery day throughout the term, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the areaquantities sufficient for Tenant's normal business operations. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish access to the Premises at all times 24 hours per day, electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for every day throughout the comfortable use and occupancy of term. In the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If event that Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling consumes services or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current utilities in excess of that usually furnished or supplied to the Premises for the use of premises the Premises as general office space Landlord may have installed a water meter space, as reasonably determined by Landlord, and such services of utilities are not separately metered or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be otherwise directly paid for by Xxxxxx, then Landlord may under such circumstances establish a monthly prorata charge for Tenant's excess use or consumption of such services and utilities. notwithstanding any provisions of Article 9 of the Lease to the contrary, Landlord shall provide natural gas and electricity, including UPS and emergency power, to the second floor of Building 1 and to the Premises through the Building's second floor house meters. Landlord, Tenant and Tenant agrees Xxxxxx's second floor co-tenant, shall cooperate to pay to Landlord promptly establish fair and equitable methods for the proration of second floor costs of the natural gas and electricity supplied by Landlord. Such agreed upon demand for all such water methods shall be in writing and electric current consumed as shown by said meters, at incorporated within the rates charged for such services by the local public utilityLease. If a separate meter is not installedno such methods can be agreed upon, the excess cost for costs of such water and electric current utilities shall be established by an estimate made by a utility company or an electrical engineer hired jointly prorated by Landlord on a straight square-footage basis; provided, however, in the event that said formula does not lead to a fair and Tenant equitable proration because the second floor tenants do not use electricity or other utilities in proportionally equal amounts, Landlord shall adjust said formula as necessary to lead to such fair and at Tenant’s expenseequitable proration. Nothing contained in this Section Any such proration shall restrict Landlord’s right be reviewed from time to require at any time separate metering of utilities furnished to so that it accomplishes the Premisespurposes intended hereby. In either case, the event prorated costs of such utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for additional rent due under the maintenance and repair of any such meters at its sole costLease.

Appears in 1 contract

Samples: Protein Polymer Technologies Inc

Services and Utilities. Landlord shall furnish all normal services The Lessor agrees to provide and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation maintain (a) heat and air conditioning conditioning, Monday through Friday, during normal business hours (“HVAC”7:30 A.M. to 6:00 P.M.) maintenance, landscape maintenance, parking lot sweeping, pest control servicesand Saturday from 8:00 A.M. to 12:00 P.M., and fire alarm monitoring at such other times as Lessor in its sole discretion deems necessary for normal office occupancy and for the and 4 occupants of the Project; (if installed and requiredb) in common areas, cold water for toilet and hot water for lavatory purposes only; (c) custodial services at a manner that such services are customarily furnished to comparable level determined by the Lessor; (d) electricity for light and ordinary office buildings purposes; Lessee must turn off their lights and other equipment when not in the area. Landlord shall also provide water, sewer, electric, gas and trash building; (e) OFFICE TRASH removal services at the Project on a regularly scheduled basis (note: restaurants will be directly responsible for the payment of all trash and garbage removal services associated with their operation); Lessee must remove trash other than normal office trash, to the building as requireddumpster - such trash to include items like large empty boxes (which must be broken down). Provided that Tenant is Note: Trash generated from the initial move in to the facility shall not be placed in default hereunder, Landlord the dumpster. Lessee must make arrangements to have this trash otherwise removed. Lessee agrees to furnish to exercise due care and prudence in the Premises use of utilities at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipmenttimes, and “HVAC” as is reasonably required for to comply with all Federal, State and Local guidelines concerning same. In the comfortable event Lessor incurs electrical costs resulting from Lessee's use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any Leased Premises during periods other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the than normal business hours, Lessee agrees to reimburse Lessor for that portion of the costs which are attributable to the additional use. Such Lessor shall submit to Lessee a statement itemizing the additional HVAC and/or electricity usage shall be electronically monitoreduse and cost thereof, and Tenant Lessee shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection such sums to Lessor with the next due rental payment. Lessor in furnishing of any of the foregoing services, (ii) failure to furnish services does not contemplate occupancy involving extraordinary consumption or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control generation of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature affecting temperatures otherwise normally maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units system. If Lessee shall require water in the Leased Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for to the use of premises Leased Premises when used as general office space Landlord may have installed a water meter space, including but without limitation thereto, electrical heating or electrical refrigeration equipment, electronic data processing machines, punch card machines, machines or equipment using current meter in the Premises to measure excess of 110 volts or which will in any way increase the amount of water or electric current consumedelectricity usually furnished, Lessee will procure prior written approval from Lessor and make arrangements to pay periodically for the additional direct expense of utilities including HVAC during hours other than "normal business hours" as described herein which will result in additional charges. Lessee agrees to reimburse Lessor promptly following the rendering of a bill to Lessee for any such chargxx xncurred. The cost Lessor will keep in good condition and reasonable state of any such meter repair those portions of the property consisting of the entrance, lobby, stairways, corridors, elevators, landscaped areas, parking areas, and its installation, maintenance and repair shall be paid other facilities from time to time provided for use in common by the Tenant and Tenant Lessees of the building. The Lessor agrees to pay repair, so far as reasonably feasible, any defects in the standard walls, structural elements, exterior walls, ceilings, electrical and mechanical installations, common plumbing and the like. The Lessor shall in no event be required to Landlord promptly upon demand for all such water make repairs to the leasehold improvements by the Lessee or by the Lessor on behalf of the Lessee or another Lessee to make repairs on the reasonable wear and electric current consumed as shown by said meterstear within the leased premises. The Lessee covenants with the Lessor to repair, maintain and keep at the rates charged for such services Lessee's own cost the improvements made by the local public utilityLessee or other property not covered by the Lessor's obligation to repair. If a separate meter is not installed, The Lessee agrees that the excess cost for such water and electric current Lessor shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s have the right to require enter the leased premises of the Lessee at any time separate metering of utilities furnished all reasonable times and place to make repairs and/or adjustments to the Premisesleased premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be Lessee is responsible for the maintenance normal replacement of light bulbs in overhead fixtures - replacement bulbs must be of the type, wattage, and repair grade specified by the Lessor. The Lessee shall be entitled to the use of any such meters the passenger elevators for the carrying of passengers to the various floors. Any USES of the elevators that require the carrying of equipment, furniture, supplies and the like shall be coordinated through the Lessor. Any damage done to the elevators, doorways, building, etc. as a result these USES shall be repaired at its sole costthe expense of the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Sunpharm Corporation)

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditioning (HVAC) as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installationInstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in In excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord) without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its Its sole cost.

Appears in 1 contract

Samples: Valuestar Corp

Services and Utilities. Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord Xxxxxxxx agrees to furnish to the Premises at all times during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment, .normal equipment and normal copying equipment, technical equipmentand heating, ventilation and air conditions ("HVAC") as is reasonably required in Landlord's judgment for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct 's charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines, or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space defined in paragraph 8(as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, landlord may have installed a water meter or electrical current meter in the Premises Promises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utilityutility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s 's expense. Nothing contained in this Section Article shall restrict Landlord’s 's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately meteredmeasured, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Appears in 1 contract

Samples: Office Building Lease (Mounger Corp)

Services and Utilities. SECTION 15.1 Landlord shall furnish all normal services to the Premises air conditioning, heat and utilities such ventilation, during the seasons when they are required, as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) determined in a manner that such services are customarily furnished to comparable office buildings in the areaLandlord’s reasonable judgment. Landlord shall also provide reasonably adequate water, sewerexterior window-cleaning service, electricand janitorial service on Monday through Friday only (excluding legal holidays), gas as required in Landlord’s sole but not unreasonable judgment. Tenant shall have the right to use up to 6 wxxxx per rentable square foot of total electrical usage with the Premises, excluding Building lighting and trash removal services HVAC equipment, during the normal hours of operation of the Building. Landlord will also provide elevator service; provided, however that Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing or maintaining the building as requiredelevators and/or the Building. Provided that Tenant is not Landlord shall make every reasonable attempt to maintain one elevator in default hereunder, Landlord agrees to furnish to the Premises service at all times , electricity for times. The normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy hours of operation of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am will be 6:00 a.m. to 6:00 pm 8:00 p.m. on Monday through Friday (except Holidayslegal holidays), 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays), and 8:00 am to 1:00 p.m. 2:00 pm on SaturdaysSunday. If Tenant desires HVAC and/or electricity at Access to the buildings during any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity hours outside of 8:00 am to 5:00 pm Monday through Friday will require a security access card or key. There will be no normal hours of operation of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, Building on legal holidays and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by Tenant. Tenant shall have access to the Building and the premises twenty-four (24) hours per day, three hundred sixty-five (365) days per year via an electronic access system. Subject to exclusion during emergencies or repairs if, in default hereunder or be liable landlord’s sole judgment, such exclusion is necessary. Landlord, at Tenant’s expense, shall supply cards for any damages directly or indirectly resulting from, nor the electronic access system at Ten dollars ($10) per card. The security system shall control entry into the Rent be abated Building and parking garage. Landlord will furnish all services and utilities required by reason this Lease only during the normal hours of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any operation of the foregoing services, (ii) failure to furnish Building unless otherwise specified herein. It is also agreed that if Tenant requires air-conditioning or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event heat beyond the reasonable control normal hours of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC systemoperation set forth herein, Landlord reserves the right to install supplementary will furnish such air conditioning units in the Premises and the cost thereof, including the cost or heat provided Tenant gives Landlord’s agent sufficient advance notice of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant requirement and Tenant agrees to pay to Landlord promptly upon demand for all the cost of such water extra service (including administrative fees) in accordance with Landlord’s then-current schedule costs and electric current consumed as shown by said meters, at the rates charged assessments for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumedextra service. Tenant shall also be responsible for the maintenance cost of all above-standard or non-standard uses of the utilities and repair of any such meters at its sole costservice provided to the Premises.

Appears in 1 contract

Samples: Lease Agreement (Global Secure Corp.)

Services and Utilities. C. Provided Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord shall furnish all normal services to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and utilities such as elevator servicelegal holidays), lighting replacement water for building standard lightslavatory and drinking purposes and electricity, restroom supplies, window washing, janitorial services, heating, ventilation heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (“HVAC”) maintenancebut not including above-standard or continuous cooling for excessive heat-generating machines, landscape maintenanceexcess lighting or equipment), parking lot sweeping, pest control services, janitorial services during the times and fire alarm monitoring (if installed and required) in a the manner that such services are customarily furnished to in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, "as is," and suitable for the Permitted Use, and for Tenant's intended operations in the Premises. Landlord shall also provide wateradditional or after-hours electricity, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises heating or air conditioning at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the Premises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, Tenant's request and Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord’s direct charges therefore on demand. Landlord shall also maintain Tenant agrees to keep and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not cause to be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any kept closed all window covering when necessary because of the foregoing servicessun's position, (ii) failure and Tenant also agrees at all times to furnish or delay in furnishing any such services where such failure or delay is caused cooperate fully with Landlord and to abide by accident or any condition or event beyond all of the reasonable control regulations and requirements which Landlord may prescribe for the proper functioning and protection of Landlordelectrical, or by the making of necessary repairs or improvements to the Premisesheating, Building or Projectventilating and air conditioning systems. Wherever heat-generating machines, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.

Appears in 1 contract

Samples: Lease (Geocities)

Services and Utilities. Landlord shall agrees to furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial servicesto the Premises during normal business hours on generally recognized business days subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity, heating, ventilation and air conditioning (HVAC) maintenance, landscape maintenance, parking lot sweeping, pest control services, as required in Landlord’s reasonable judgment for the comfortable use and fire alarm monitoring (if installed occupancy of the Premises; lighting replacement for building standard lights; window washing and required) janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide watersupply common area water for drinking, sewercleaning and restroom purposes only. Tenant, electricat Tenant’s sole cost and expense, gas shall supply all paper and trash removal services to the building as required. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of other products used within the Premises. The normally During normal business hours on generally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays)days, and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the HVAC and/or electricity system for additional heating, cooling or electricity outside of the normal business hours. Such additional HVAC and/or electricity usage shall be electronically monitored, and Tenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the BuildingBuilding and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other customary Building services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, at any time and from time to time during the Term, to contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (ia) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (iib) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iiic) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Project, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to be grossly negligent under any circumstances for a loss of or injury to property or business, however occurring, through or through, in connection with or incidental to the failure to furnish any such services. Tenant shall not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, without limitation, electronic data processing machines, punch card machines, word processing equipment, personal computers, or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of desk top office equipment and photocopy equipment ordinarily in use in premises designated as general office space, as determined by Landlord. Tenant shall not connect any apparatus to electric current except through existing electrical outlets in the Premises. Tenant shall not consume electric current in excess of that usually furnished or supplied for the use of premises as office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse. In the event of consent, electrical current shall be separately metered in Tenant’s name and paid for by Tenant. The cost of any such meter and its installation, maintenance and repair shall be paid by Tenant. Notwithstanding anything contained herein to the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. If the separate metering of utilities furnished to the Premises is due to Tenant’s excessive use of electric current, then the cost of any such meter and its installation, maintenance and repair shall be paid by Tenant. If Landlord requires separate metering for reasons other than Tenant’s excessive consumption of electric current, then the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord. In either event, accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses heat generating machines or equipment in the Premises which affect that affects the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole costtherefor.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.)

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