Common use of After Hours and Additional Services Clause in Contracts

After Hours and Additional Services. Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 2 contracts

Samples: Execution Original (Intralinks Inc), Execution Original (Intralinks Inc)

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After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D 29 subsection D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to by 10:00 A.M. on the date on which the facilities or services are to be furnishedfurnished (or by 10:00 A.M. on Fridays for services requested on weekends); or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D 29 subsection D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of RentRent (except as may be expressly set forth herein), or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 2 contracts

Samples: Agreement of Lease (Predictive Systems Inc), Agreement of Lease (Predictive Systems Inc)

After Hours and Additional Services. Rent The License Fee does not include any charge to Tenant Licensee for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat heat, cooled air or mechanical ventilation to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services during Normal Business Hours (hereinafter referred to as "Overtime Periods"). Accordingly, if Landlord Licensor shall furnish any (i) passenger elevator facilities to Tenant Licensee during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, facilities or (ii) heat, cooled air or ventilation to the Premises during Overtime Periods, then Tenant Licensee shall pay Landlord Licensor additional rent for such facilities or services at the standard rates then fixed by the Landlord Licensor for the Building Facility plus a ten percent (10%) administrative fee or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D Section D shall be furnished to Tenant Licensee or the Premises if Landlord Licensor has not received advance notice from Tenant Licensee specifying the particular facilities or services requested by Tenant Licensee at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnishedfurnished (other than if Licensee is requesting the use of HVAC during period other than during Normal Business Hours, hereinafter referred to as "Extra HVAC Use", in which case Licensee must give Licensor a minimum of two (2) hours advance notice specifying the times of Extra HVAC Use, which notice must be given to Licensor during Normal Business Hours); or of if Tenant Licensee is in default under or in breach of any of the terms, covenants or conditions of this LeaseLicense Agreement; or if Landlord Licensor shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this LeaseLicense Agreement. All of the facilities and services referred to in this Article 29D Section D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord Licensor to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant Licensee to any abatement or diminution of Rentthe License Fee, or relieve Tenant Licensee from any of its obligations under this LeaseLicense Agreement, or impose any liability upon Landlord Licensor or its agents by reason of inconvenience or annoyance to TenantLicensee, or injury to or interruption of TenantLicensee's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 2 contracts

Samples: License Agreement (Freerealtime Com Inc), License Agreement (Freerealtime Com Inc)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's ’s business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's ’s share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's ’s total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's ’s sole cost and expense.

Appears in 1 contract

Samples: Agreement of Lease (Intralinks Inc)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat heat, cooled air or mechanical ventilation to the Premises during periods other than the hours and days set forth in sections subsections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this LeaseLease beyond the expiration of any applicable notice and cure periods; or if Landlord shall determine, in its sole and exclusive discretion, reasonably exercised, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.its

Appears in 1 contract

Samples: Lease Agreement (Talkpoint Communications Inc)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat heat, cooled air or mechanical ventilation to the Premises during periods other than the hours and days set forth in sections subsections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this LeaseLease beyond the expiration of any applicable notice and cure periods; or if Landlord shall determine, in its sole and exclusive discretion, reasonably exercised, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit shall have no obligation to (i) furnish cooled air or ventilation to the furnishing Premises during Overtime Periods of any of or (ii) supply condenser water to the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a Premises for supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expensesystems.

Appears in 1 contract

Samples: Nextvenue Inc

After Hours and Additional Services. The Rent does not include any ----------------------------------- charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat or mechanical ventilation to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and an are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit If more than one tenant utilizing the furnishing during same system as Tenant requests the same Overtime Periods of any of for the facilities or same services referred as Tenant, the charge to in this Article 29D to a total of twenty (20) hours in any one weekTenant shall be adjusted pro rata. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 500 per ton of air conditioning capacity, adjusted annually, capacity to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expensesystem.

Appears in 1 contract

Samples: Agreement of Lease (Global Broadcasting Systems Inc/Fa)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat or condenser water to the Premises during periods other than the hours and days set forth in sections A A, B and B C of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger freight elevator facilities to Tenant during Overtime Periods or freight elevator facilitiesPeriods, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, or (iii) condenser water to Tenant during Overtime Periods then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable ratesrates (which rates shall be based on a minimum charge of four (4) hours for such additional facilities or services). Landlord's current rates for condenser water service during Overtime Periods is $125.00 per floor per hour; however, if Tenant requests overtime condenser water service on more than one (1) floor of the Premises during the same Overtime Periods, the overtime rates for the second floor shall be $100.00 per hour. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice (which may be oral) from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to by 10:00 A.M. on the date on which the facilities or services are to be furnishedfurnished (or by 10:00A.M. on Fridays for services requested on weekends); or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or freight elevator services referred to in this Article 29D to a total of twenty forty (2040) hours in any one (1) week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Agreement (Marvel Enterprises Inc)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat heat, cooled air or mechanical ventilation or elevator service to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services during Normal Business Hours (hereinafter referred to as "" Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, facilities or (ii) heat, cooled air or ventilation to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services (A) during the first sixty-two (62) months of the Term, at the standard rates then fixed by the Landlord for the Building Facility or, if no such rates are then fixed, at reasonable rates, and (B) at any time thereafter, at the standard rates then fixed by Landlord for the Facility plus a ten percent (10%) administrative fee or, if no such rates are then fixed, at reasonable rates. Tenant may use one (1) freight elevator for Tenant's initial move into the Premises at no charge provided that (i) Tenant shall have previously requested Landlord's approval of Tenant's use of the freight elevator on such date and Landlord shall have approved same, (ii) Tenant shall have previously furnished to Landlord evidence of the insurance required to be obtained and maintained by Tenant pursuant to Article X hereof, (iii) such move shall be effectuated at a time satisfactory to Landlord, and (iv) Tenant shall pay for any security reasonably required by Landlord in connection therewith. Neither the facilities nor the services referred to in this Article 29D Section 11.05 shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnishedfurnished (other than if Tenant is requesting the use of HVAC during periods other than during Normal Business Hours, hereinafter referred to as "Extra HVAC Use", in which case Tenant must give Landlord a minimum of two (2) hours advance notice specifying the times of Extra HVAC Use, which notice must be given to Landlord during Normal Business Hours); or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. If more than one tenant in the Building shall request Extra HVAC Use then the cost thereof chargeable to Tenant shall be determined by dividing the cost of such Extra HVAC Use among Tenant and all other requesting tenants so that Tenant shall not pay more than its pro rata share of the charges imposed for such Extra HVAC Use. All of the facilities and services referred to in this Article 29D Section 11.05 are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Preferred Credit Corp)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, facilities or any freight elevator facilities (other than as contemplated provided in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A A, B and B C of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) additional passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at commercially reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this LeaseLease beyond any applicable grace or cure period; or if Landlord shall commercially reasonably determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty thirty (2030) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A A, B and B C of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's ’s business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Agreement of Lease (Yodle Inc)

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After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat heat, cooled air or mechanical ventilation to the Premises during periods other than the hours and days set forth in sections A A, B and B C of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, cooled air or ventilation to the Premises during Overtime PeriodsPeriods (which overtime use of cooled air and ventilation by Tenant may be measured by a "check" meter installed by Landlord), then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D 29 D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default beyond any applicable notice and cure periods under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such supplemental condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx Bell & Xxxxxxx for Xossxxx xxx balancing by Landlord, at Tenant's sole cost and expense, which cost shall be reasonable and customary.

Appears in 1 contract

Samples: Agreement of Lease (Women Com Networks Inc)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat heat, cooled air or mechanical ventilation to the Premises during periods other than the hours and days set forth in sections A A, B and B C of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime PeriodsOVERTIME PERIODS"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, cooled air or ventilation to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable ratesrates (which for freight elevator facilities shall be at the rate set forth in Subsection A of this Article 29 and which for heat and cooled air shall be deemed to be (y) One Hundred Fifty ($150.00) Dollars per hour (which shall be increased yearly by the Consumer Price Index), provided Tenant shall require no fewer than two hundred twenty-five (225) hours of cooled air per year during Overtime Periods and (z) Two Hundred Fifteen ($215.00) Dollars per hour (subject to increase yearly by the Consumer Price Index) if less than two hundred twenty-five (225) hours of cooled air per year are used). Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four seven (247) hours prior to the date time on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this LeaseLease beyond applicable notice and grace periods; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in otherwise (provided that, without modifying this Article 29D to a total of twenty (20) hours sentence in any one weekway, Landlord shall use commercially reasonable efforts to provide such services or restore same if they have been discontinued). In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Landlord Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 1,000 per ton of condenser water air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and system. In no event shall Landlord be obligated to supply more than ten (y10) Tenant shall pay to Landlord upon demand, Tenant's share tons of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants per floor, in the Building who are similarly supplied condenser water by Landlordany calendar year. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx or other comparable company for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Agreement (Viatel Inc)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, facilities or any freight elevator facilities (other than as contemplated provided in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A A, B and B C of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) additional passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at commercially reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this LeaseLease beyond any applicable grace or cure period; or if Landlord shall commercially reasonably determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's ’s business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty thirty (2030) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). Accordingly, if Landlord shall furnish any (i) passenger elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable rates. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this Lease; or if Landlord shall determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease. All of the facilities and services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 1000.00 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental air-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx a company satisfactory to Landlord for balancing by Landlord, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

After Hours and Additional Services. The Rent does not include any charge to Tenant for the furnishing of any additional passenger elevator facilities, any freight elevator facilities (other than as contemplated in Article 29 subsection A) or for the service of heat to the Premises during periods other than the hours and days set forth in sections A and B of this Article 29 for the furnishing and distributing of such facilities or services (referred to as "Overtime Periods"). AccordinglyIf Landlord shall, if Landlord shall at Tenant's request, furnish any (i) passenger freight elevator facilities to Tenant during Overtime Periods or freight elevator facilities, except as provided in subsection A of this Article 29Periods, or (ii) heat, heat to the Premises during Overtime Periods, then Tenant shall pay Landlord additional rent for such facilities or services at the standard rates then fixed by the Landlord for the Building or, if no such rates are then fixed, at reasonable ratesrates (which rates shall be based on a minimum charge of four (4) hours for such additional facilities or services, unless the Overtime Periods are merely an extension between beyond 5:00 P.M. and 6:00 P.M. on business days). Such Overtime Period charges are currently Seventy-Five and 00/100 ($75.00) Dollars per hour for overtime freight elevator use and One Hundred Fifty and 00/100 ($150.00) Dollars per hour for overtime heat, and which charges are subject to reasonable increases from time to time during the Term hereof. Neither the facilities nor the services referred to in this Article 29D shall be furnished to Tenant or the Premises if Landlord has not received advance notice from Tenant specifying the particular facilities or services requested by Tenant at least twenty-four (24) hours prior to the date on which the facilities or services are to be furnished; or if Tenant is in default under or in breach of any of the terms, covenants or conditions of this LeaseLease beyond the giving of notice and the expiration of applicable cure periods, unless Tenant pays for such facilities or services in advance; or if Landlord shall reasonably determine, in its sole and exclusive discretion, that such facilities or services are requested in connection with, or the use thereof shall create or aid in a default under or a breach of any term, covenant or condition of this Lease, other than vacating the Premises. All Landlord may limit the furnishing of the facilities and freight elevator services referred to in this Article 29D are conveniences and are not and shall not be deemed to be appurtenances to the Premises, and the failure of Landlord to furnish any or all of such facilities or services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Landlord may limit the furnishing during Overtime Periods of any of the facilities or services referred to in this Article 29D to a total of twenty (20) hours in any one week. In the event Tenant installs a supplemental air cooling system in the Premises, and if condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually upon demand, a sum equal to $750 per ton of air conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such supplemental system and (y) Tenant shall pay to Landlord upon demand, Tenant's share of the cost of maintaining, repairing and/or replacing the cooling tower providing such condenser water, such share to be based upon Tenant's total demand of condenser water relative to the total demand of all other tenants and occupants in the Building who are similarly supplied condenser water by Landlord. In addition, any such supplemental airon an "as-cooling system shall be installed with balancing valves and circuit setters manufactured by Xxxx & Xxxxxxx for balancing by Landlord, at Tenant's sole cost and expenseavailable basis.

Appears in 1 contract

Samples: Agreement of Lease (Lazare Kaplan International Inc)

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