Common use of Services and Utilities Clause in Contracts

Services and Utilities. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, 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. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, 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. In the event that Landlord establishes a cafeteria in the Building, upon Tenant’s request, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises.

Appears in 2 contracts

Samples: Lease (Verisity LTD), Sublease (Conceptus Inc)

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Services and Utilities. Tenant Lessee shall pay during the Lease Term (and prior to delinquency) all charges for all water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, lightair conditioning, power, electricity, telephone, sewerjanitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and other utilities Lessee shall faithfully keep and services used on observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or from deduction. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are Lessee should require additional water, gas and/or electric current, to the extent not separately metered to Tenantthe Premises, Tenant Lessee shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without first procure the written consent of LandlordLessor, contract with which Lessor may refuse for any reason, to the use thereof and Lessor may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility provider to service company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within 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. In If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the event that Landlord establishes a cafeteria in the Buildingcosts thereof, upon Tenant’s requestincluding without limitation installation, Landlord shalloperation, at its sole cost repair and expense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premisesmaintenance costs.

Appears in 2 contracts

Samples: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)

Services and Utilities. Landlord shall not be obligated to furnish to the Premises any services or utilities (including, without limitation, janitorial services), and Tenant shall pay for contract directly with the providers of all water, gas, heat, light, power, telephone, sewer, services and other utilities and services used on or from Tenant desires to receive at the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, 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. In the event that Landlord establishes a cafeteria in the Building, upon at Tenant’s request, Landlord shall, at its sole cost and expense. Tenant shall have the right to add alternative electricity sources such as additional solar panels, arrange the installation of which shall be subject to Section 3.4. Landlord is not responsible for the furnishing of, or any interruption, diminishment or termination of, services or utilities, whether due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, or utility interruptions, and no such cafeteria interruption, diminishment, or termination shall render Landlord liable to be separately meteredTenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any covenant or agreement. Except as expressly set forth in Article 9, below, Landlord shall in no event be liable required under any provision of this Lease or applicable Law to maintain or repair or to make any alterations, rebuildings, replacements, changes, additions or improvements on or off the Premises during the Term of this Lease. Tenant acknowledges that it shall be responsible for providing and procuring all other services necessary to its operations in and on the Premises. If Tenant (or any party claiming by, through or under Tenant) pays directly to the provider for any interruption energy consumed at the Buildings, Tenant, promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any data about consumption that Landlord, in its reasonable judgment, is required to disclose to a prospective buyer, tenant or failure mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of utility services on the California Civil Code or any similar or successor laws now or hereinafter in effect. At Landlord’s request, Tenant shall provide Landlord information regarding Tenant’s energy usage at the Premises from time to time (provided that Landlord shall hold such information confidential to the Premisesextent Landlord is not required to disclose such information pursuant to Applicable Law, nothing in this sentence being deemed to prohibit Landlord from utilizing such information to make public statements about the sustainability profile or “green” nature of Landlord, or Landlord’s affiliates, properties).

Appears in 2 contracts

Samples: Lease Agreement (Ionis Pharmaceuticals Inc), Purchase and Sale Agreement (Ionis Pharmaceuticals Inc)

Services and Utilities. Provided that Tenant shall pay for all wateris not in default hereunder, gas, heat, light, power, telephone, sewerLandlord agrees to furnish to the Premises during generally recognized business days, and other utilities during hours determined by Landlord in its sole discretion, and services used on subject to the Rules and Regulations of the Building or from Project, electricity for customary office and copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises, together with . If Tenant desires HVAC at any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacementother time, Landlord shall provide use reasonable efforts to furnish such replacement within a service upon reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s 's charges therefor on demand. Landlord shall furnish all battery packs 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 emergency lighting and fire extinguishers and Tenant any damages directly or indirectly resulting from, nor shall pay all costs and expenses incurred the Rent be abated by Landlord reason of (i) the installation, use or interruption of use of any equipment in connection therewith within ten with the furnishing of any of the foregoing services, (10ii) business days of Landlord’s demand. If failure to furnish or delay in furnishing any such services are 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. Landlord shall not separately metered be liable under any circumstances for a loss of or injury to Tenantproperty 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. Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract 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 utility 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 provider company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to service require at any time separate metering of utilities furnished to 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 BuildingPremises. In the event that 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 establishes a cafeteria in keeping account of the Building, upon Tenant’s request, Landlord shall, utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost and expense, arrange for such cafeteria to be separately meteredcost. Landlord shall furnish lighting replacement for building standard lights, restroom supplies, window washing and janitor services in no event be liable for any interruption or failure of utility a manner that such services on or are customarily furnished to comparable office buildings in the Premisesarea.

Appears in 1 contract

Samples: New Visual Corp

Services and Utilities. Tenant shall pay for all waterProvided that tenant is not in default hereunder, gasLandlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, heat, light, power, telephone, sewerto be determined by Landlord in its sole discretion, and other utilities subject to the rules and services used on or from regulations of the Property which the Premises are a part, electricity for normal lighting and office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilitiesjanitorial service. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord shall provide such replacement within also maintain and keep lighted the Common Areas. The costs for services provided under this Article will be included in the Operating Expenses. Tenant expressly agrees that all non-essential electrical devices, including without limitation, computers and printers, shall be turned off at the end of each business day by Tenant Failure to comply with the requirement shall be deemed a reasonable period material breach of time and notice from Tenant this Lease. Landlord shall not be liable for, and Tenant shall pay all costs and expenses incurred not be entitled to any reduction of rent by Landlord in connection therewith within ten (10) business days reason of Landlord’s demand's failure to furnish any of the foregoing when such failure is caused by accident breakage, repairs, strike, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, unless caused by the intentional misconduct of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring through or in connection with or incidental to failure to furnish all battery packs any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air condition units in the Premises and the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by the Landlord. Tenant will not, without consent of Landlord, use any apparatus or device in the premises, including, but not 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 emergency lighting and fire extinguishers and 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 devise, for the purpose of using electric current If Tenant shall pay all costs and expenses incurred by Landlord require water or electric current in connection therewith within ten (10) business days excess of Landlord’s demand. If any such services are not separately metered to Tenantthat usually furnished or supplied for the use of the Premises as general office space, Tenant shall pay such proportion obtain the prior written consent of all charges jointly metered with other premises as determined by Landlord, which Landlord may withhold in its sole discretion, to the use thereof and Landlord may cause a water meter or electrical current meter to be reasonableinstalled in the Premises, so as to measure the amount of water and electric current consumed for any such use. Any The cost of any such charges meters and 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 assessed against Tenant shall electric current consumed as shown by said meters, at the rates charged for such services by the local public utility 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, such excess cost for such water and electric current will be immediately payable to established by Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with based upon an estimate made by a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer company or gas, which is not previously providing such service to other tenants in the Building. In the event that Landlord establishes a cafeteria in the Building, upon Tenant’s request, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premisesengineer.

Appears in 1 contract

Samples: Juina Mining Corp Inc

Services and Utilities. Tenant shall make all arrangements for and pay for all utilities and services furnished to or used by it, including, without limitation, gas, electricity, heating, air conditioning and other ventilation, janitorial, water, sewage, telephone service, trash collection, including any taxes thereon, and for all connection charges, except for those utility and services Landlord is to acquire for the account of the tenants to service the Common Area. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Common Areas of the Building and Project], and, in such event, Tenant shall pay for all waterelectric current (or such other utility) supplied to, gasor used, heat, light, power, telephone, sewer, 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. In the event that any electric light bulbs, tubes and ballasts servicing in the Premises require replacementat the rate prevailing for Tenant’s class of use as established by such company or companies. Electric current (or such other utility) shall be measured in the manner set forth above and shall be billed by Landlord as Additional Rent and paid by Tenant on a monthly basis. If permitted by law, Landlord shall provide such replacement within a have the right, in Landlord’s reasonable period of discretion, at any time and notice from time to time during the Term, to switch providers of any such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Notwithstanding anything herein to the contrary, the Premises / Building shall be separately metered, and Tenant shall contract for, and pay all costs and expenses incurred directly for, such utilities. 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 in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to Tenant, Tenant shall pay such proportion 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 all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility Tenant’s electricity 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 expenses and/or fines incurred by Landlord in the Building. In the event that Landlord establishes a cafeteria in the Building, upon Tenant’s requestelectricity provider fails to provide sufficient power to the Premises, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately meteredas 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. Landlord shall not be in no event default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of, (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (b) 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 utility services on Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, (c) 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. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services.

Appears in 1 contract

Samples: Lease (Optelecom-Nkf, Inc.)

Services and Utilities. Tenant shall pay for all waterProvided that Lessee is not in default hereunder, gas, heat, light, power, telephone, sewer, 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. In the event that any electric light bulbs, tubes and ballasts servicing Lessor agrees to furnish to the Premises require replacement, Landlord shall provide such replacement within a reasonable period of time during the hours set forth in the Rules and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten Regulations (10attached hereto as Exhibit E) on generally recognized business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered Monday through Friday, to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as be determined by Landlord, in Lessor at its sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, heat and air conditioning required in Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial service. Lessor shall provide electricity for normal fighting and fractional office machines and water to the Premises and shall also maintain and keep lighted the common stairs, common entries, elevator service, and restroom facilities in the Building of which the Premises are a part. Lessor shall not be reasonableliable for, and Lessee shall not be entitled to, any reduction of rental by reason of Lessor'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 beyond the reasonable control of the Lessor. Any such charges Lessor shall not be liable under any circumstances for loss of or injury to Premises, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Lessor 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 shall be paid by Landlord and assessed against Tenant shall be immediately payable Lessee to Landlord on Lessor upon demand and shall be additional rent hereunderby Lessor. Tenant Lessee will not, without written consent of Lessor, 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; and will not connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. 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, Lessee shall first procure the written consent of LandlordLessor, contract with which Lessor may refuse, for the use thereof and Lessor may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and the installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay to Lessor promptly and 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 local public utility 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, such excess cost for such water and electric current will be established by an estimate made by a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer company or gas, which is not previously providing such service to other tenants in the Building. In the event that Landlord establishes a cafeteria in the Building, upon Tenant’s request, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premiseselectrical engineer.

Appears in 1 contract

Samples: Letter and Construction Agreement (Business Objects Sa)

Services and Utilities. Provided that Tenant shall pay for all wateris not in default hereunder, gasLandlord agrees to furnish to the Premises, heatduring normal business hours of generally recognized business days, light, power, telephone, sewer, and other the utilities and services used on described herein, including water, electricity for operating common areas during hours determined by Landlord in its sole discretion and subject to the Rules and Regulations of the Building or from the Premises, together with Project. If Tenant desires any taxes, penalties, and surcharges or the like pertaining thereto and of these services at any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacementother time, Landlord shall provide use reasonable efforts to furnish such replacement within a service upon reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s 's charges therefore on demand. Landlord shall furnish all battery packs also keep lighted the common stairs, common entries and restroom(s) in the Project. Landlord shall not be in default hereunder or be liable for emergency lighting and fire extinguishers and Tenant any damages directly or indirectly resulting from, nor shall pay all costs and expenses incurred the Rent be abated by Landlord reason of (i) the installation, use or interruption of use of any equipment in connection therewith within ten with the furnishing of any of the foregoing services, (10ii) business days of Landlord’s demand. If failure to furnish or delay in furnishing any such services are where such failure or delay is caused by accident or by any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, the Building or the 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, the Building, or the Project. Landlord shall not separately metered be liable under any circumstances for a loss of or injury to Tenantproperty 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, 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. Tenant shall pay such proportion not consume water in excess of all charges jointly metered with other that usually furnished or supplied for the use of premises as general office space (as determined by the Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, ) without first procuring the written consent of Landlord, contract with which Landlord may refuse, and, in the event of consent, Landlord may have installed a water meter in the Premises to measure the amount of water 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 promptly as and when bills are rendered for all such water consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred by Landlord in keeping account of the water so consumed. If a separate meter is not installed, the excess cost for such water shall. be established by an estimate made by a utility provider company or electrical engineer hired by Landlord at Tenant's expense. If Landlord has installed separate metering of electricity furnished to service the Premises Premises, the cost of maintenance and repair of such metering shall be paid by Tenant. Tenant agrees to cause all bills for its use of electricity to be sent and charged directly to Tenant and Tenant agrees to promptly pay such electrical bill xx and when rendered for all such electricity consumed as shown by said metering at utility rates charged by said public utility. Tenant agrees not to connect any apparatus with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants electric current except through existing electrical outlets in the BuildingPremises. In the event that Landlord establishes a cafeteria shall furnish heating, ventilation, and air conditioning ("HVAC"), elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in the Building, upon Tenant’s request, Landlord shall, manner that such services are customarily furnished to comparable office building in.the area. Tenant at its his sole cost and expense, arrange expense shall provide for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility itself all other services on or including telephone services chargeable to the PremisesPremises not herein supplied by Landlord.

Appears in 1 contract

Samples: Office Building Lease (Viasat Inc)

Services and Utilities. Tenant shall pay during the Lease Term (and prior to delinquency) all charges for all water, gas, heatlight, lightheat and air conditioning, power, electricity, telephone, sewerjanitorial service, trash pick-up, sewer and other utilities and all oilier services used supplied to or consumed on or from the Premises, together with any taxes, penalties, and surcharges or . To the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are extent not separately metered to the Premises, or not arranged and paid for by Tenant, the cost of such services shall be an Operating Expense and Tenant shall pay, as additional rent, a portion of such cost to Landlord as provided in Article 7. Tenant shall arrange and pay for all gas and electricity to the extent they are separately metered to the Premises. Janitorial services for the Premises and telephone services required by Tenant shall also be arranged and paid for by Tenant. To the extent that gas or electricity is not separately metered to the Premises, and 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 in its sole discretion ("Business Hours"), and subject to the rules and regulations of the Building of which the Premises arc a part, Building Standard (defined in Exhibit "g") electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises. Landlord shall also maintain and keep lighted during Business Hours the common stairs, common entries and toilet rooms in the Building. The lack of shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Tenant's obligations hereunder, and Tenant shall faithfully keep and observe all of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or deduction. Landlord shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Tenant's business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintaine by the heating, ventilating and air conditioning system servicing the Premises, Landlord reserves the right to install supplementary air conditioning units in the Premises and the costs 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 as additional rent, and not as an Operating Expense. The entire cost of electricity, water, heat, air conditioning, elevator service, janitorial service and other services and utilities provided to the Premises in excess of Building Standard shall be paid for by Tenant upon demand by Landlord as additional rent, and not as an Operating Expense. Tenant shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises, any apparatus or device for the purpose of using gas, electric current or water. If Tenant should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without first procure the written consent of Landlord, contract with which Landlord may refuse for any reason, to the use thereof and Landlord may cause a water, gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay Landlord, as additional rent promptly upon demand therefor by Landlord, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility provider to service company or electrical engineer selected by Landlord. Tenant shall not, without Landlord's prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within 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. In If Tenant requires additional capacity, Tenant shall request Landlord to provide such capacity, which request Landlord may refuse in Landlord's sole discretion. If additional capacity is furnished, Tenant shall pay on demand and as additional rent the event that Landlord establishes a cafeteria in the Buildingcosts thereof, upon Tenant’s requestincluding without limitation installation, Landlord shalloperation, at its sole cost repair and expense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premisesmaintenance costs.

Appears in 1 contract

Samples: Centre Office Lease (QCS Net Corp)

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Services and Utilities. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, and other utilities and services used on or from Lessor agrees to furnish to the Premises, together with subject to any taxesrules, penalties, and surcharges regulations or other requirements affecting the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing Building of which the Premises require replacementare a part, Landlord shall provide such replacement within a reasonable period water and electricity suitable for the intended use of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, 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. In the event that Landlord establishes a cafeteria in the Building, upon Tenant’s requestheat and air conditioning required in Lessor's judgment for the comfortable use and occupation of the Premises, Landlord shalland janitorial services. Lessor shall also maintain and keep lighted the common stairs, at entries and toilet rooms in the Building of which the Premises are a part. Lessor shall not be liable for, and there shall be no abatement or reduction of rental or other amounts due by Lessee under this Lease, by reason of Lessor's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any kind or character, or by any other cause, beyond the reasonable control of Lessor. Should water or other utility rationing be imposed on the Building and its sole cost and expenseoccupants, arrange for such cafeteria Lessee agrees to be separately meteredbound by the strict enforcement thereof by Lessor and any enforcement body. Landlord Except in the case of Lessor's gross negligence or willful misconduct, Lessor shall not be liable for loss of or injury to person or property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing; provided, however, that in no event shall Lessor be liable for any interruption special or failure consequential damages. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system or electrical loads, Lessor reserves the right to install supplementary air conditioning units in the Premises or additional electrical service, and the costs thereof, including the costs of utility services on or to the Premisesinstallation and of operation and maintenance thereof, shall be paid by Lessee.

Appears in 1 contract

Samples: Lease (Resourcephoenix Com Inc)

Services and Utilities. Provided that Tenant shall pay for all wateris not in default hereunder, gasLandlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, heat, light, power, telephone, sewerto be determined by Landlord at his sole discretion, and other utilities subject to the rules and services used on or from regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises. Landlord shall also maintain and keep lighted the common stairs, together with any taxes, penalties, common entries and surcharges or toilet rooms in the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing Building of which the Premises require replacement, are a part. Landlord shall provide such replacement within a reasonable period of time and notice from Tenant not be liable for, and Tenant shall pay all costs and expenses incurred not be entitled to any reduction of rental by Landlord in connection therewith within ten (10) business days reason of Landlord’s demand'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 furnish all battery packs not be liable under any circumstances for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord a loss of or injury to property, however occurring, through or in connection therewith within ten (10) business days with or incidental to failure to furnish any of Landlord’s demandthe foregoing. If any such services Wherever heat generating machines or equipment are not separately metered used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to Tenantinstall supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant shall pay such proportion of all charges jointly metered with other premises as determined to Landlord upon demand by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant 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 the Premises as general office space, Tenant shall first procure the written consent of Landlord, contract with which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and 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 utility 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, such excess cost for such water and electric current will be established by an estimate made by a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer company or gas, which is not previously providing such service to other tenants in the Building. In the event that Landlord establishes a cafeteria in the Building, upon Tenant’s request, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premiseselectrical engineer.

Appears in 1 contract

Samples: Office Building Lease (Prime Bancorp Inc)

Services and Utilities. Tenant shall pay for all water, gas, heat, air conditioning or other ventilation, light, power, telephonesewer charges, sewertelephone installation and service charges, garbage and trash collection, and for all other services and utilities and services used on or from supplied to the Premises, together with any taxestax, penalties, and surcharges excise or the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demandsurcharge thereon. If any such services are not separately metered to and paid by Tenant, or if any such services are furnished and paid for by Landlord, Tenant shall pay such a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises tenants or which are furnished and paid for by Landlord. If Tenant’s utility or service requirements increase over its requirements as determined of the Commencement Date, Tenant shall be required to pay the increased cost of such utilities or services. If Landlord is required to construct new or additional utility installations, including, without limitation, wiring, plumbing, conduits and mains, resulting from Tenant’s changed or increased requirements. Tenant shall on demand pay to Landlord, in advance of installation, the total cost of such installation. If applicable, Landlord shall also provide tenant interface with the telephone network at the demarcation point supplied by the regulated public utility and supply cable pairs in an amount consistent with the engineering standards to which the Building was designed, all in accordance with Section 38. hereof. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Shopping Center, and, in such event, Tenant shall pay for electric current (or such other utility) 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 (or such other utility) shall be measured in the manner set forth above 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 switch providers of any such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. 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, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to indemnify, defend, and hold harmless Landlord on demand from and shall be additional rent hereunder. Tenant will notagainst all losses, without claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the written consent acts or omissions of Landlord, contract with a utility Tenant’s electricity 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 expenses and/or fines incurred by Landlord in the Building. In the event that Landlord establishes a cafeteria in the Building, upon Tenant’s requestelectricity provider fails to provide sufficient power to the Premises, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately meteredas 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. Landlord shall not be in no event default hereunder or be liable for any damages directly or indirectly resulting from, nor shall Rent xxxxx by reason of, (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (b) 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 utility services on Landlord, or by the making of necessary repairs or improvements to the Premises, Shopping Center or Complex, or (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises, Shopping Center or Complex, 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, Shopping Center or Complex. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services.

Appears in 1 contract

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

Services and Utilities. Tenant shall pay for all water, gas, heat, light, power, telephone, sewerthe electricity and gas for office equipment and normal copying equipment, and other utilities heating, ventilation and air conditioning ("HVAC") as required for the comfortable use and occupancy of the Premises. Landlord shall maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be 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 used on where such failure or from 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, together with Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any taxesother form of energy serving the Premises, penalties, and surcharges Building or the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demandProject. Landlord shall not be liable 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 all battery packs for emergency lighting any such services, if Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained the HVAC system. Landlord reserves the right to install supplementary air conditioning units in the Premises and fire extinguishers the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. 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 or machines using in excess of 120 volts. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water 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, contract with which Landlord may refuse, and in the event of consent. Landlord may have installed a water meter in the Premises to measure the amount of water consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for the Tenant and Tenaxx xxxees to pay to Landlord promptly upon demand for all such water consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water so consumed. If a separate meter is not installed, the excess cost for such water shall be established by an estimate made by a utility provider company at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to service require at any time separate metering of utilities furnished to 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 BuildingPremises. In the event that 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 establishes a cafeteria in keeping account of the Building, upon Tenant’s request, Landlord shall, utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost cost. Tenant shall furnish janitorial services and expense, arrange supplies for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or to the leased Premises.

Appears in 1 contract

Samples: Probusiness Services Inc

Services and Utilities. Tenant shall make all arrangements for and pay for all utilities and services furnished to or used by it, including, without limitation, gas, electricity, heating, air conditioning and other ventilation, janitorial, water, sewage, telephone service, trash collection, including any taxes thereon, and for all connection charges, except for those utility and services Landlord is to acquire for the account of the tenants to service the Common Area. 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 all waterelectric current (or such other utility) supplied to, gasor used, heat, light, power, telephone, sewer, 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. In the event that any electric light bulbs, tubes and ballasts servicing in the Premises require replacementat the rate prevailing for Tenant's class of use as established by such company or companies. Electric current (or such other utility) shall be measured in the manner set forth above and shall be billed by Landlord as Additional Rent and paid by Tenant on a monthly basis. If permitted by law, Landlord shall provide such replacement within a have the right, in Landlord's reasonable period of discretion, at any time and notice from Tenant and time to time during the Term, to switch providers of any such utility. Tenant shall pay all costs cooperate with Landlord and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to Tenantutility provider at all times, and, as reasonably necessary, Tenant shall pay such proportion of all charges jointly metered with allow access to the electric (or other premises as determined utility) lines, feeders, risers, wiring and other machinery located within the Premises. 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, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to indemnify, defend, and hold harmless Landlord on demand from and shall be additional rent hereunder. Tenant will notagainst all losses, without claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the written consent acts or omissions of Landlord, contract with a utility Tenant's electricity 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 expenses and/or fines incurred by Landlord in the Buildingevent Tenant's electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faculty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant's electricity provider. In the event that Landlord establishes a cafeteria may provide telecommunications lines and systems as discussed in the Building, upon Tenant’s request, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately meteredSection 35. hereof. Landlord shall not be in no event default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of, (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (b) 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 utility services on Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, (c) 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. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services.

Appears in 1 contract

Samples: Lease (Nve Corp /New/)

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