Common use of Building Services and Utilities Clause in Contracts

Building Services and Utilities. Landlord agrees to supply, subject to the other provisions of this Lease, reasonable janitorial service and reasonable amounts of heat, water for drinking purposes, air conditioning and electric current for office machines and normal lighting Monday through Friday, from 8 a.m. to 6 p.m., and on Saturdays from 8 a.m. until noon, except for the usual holidays (the "Usual Building Hours"); provided, however, that reasonable amounts of electric current for office machines and normal lighting (subject to Tenant's payment of charges therefor in the event of excess consumption as provided below) shall be supplied by Landlord 24 hours per day, 7 days per week. Landlord shall not be liable for any interruption of said utilities and services when such interruption is caused by strikes, mechanical failure, accidents or any other conditions beyond the reasonable control of Landlord, nor shall there be any abatement of rent as a result thereof. Tenant shall not install or use in the Premises any machines or any apparatus or device, which individually or in the aggregate will generate excessive heat or increase the amount of electricity, water or air conditioning usually supplied for use of the Premises as general office space, or in any way create a burden on or adversely affect the normal functioning of the heating, ventilation and air conditioning ("HVAC") system of the Building. Tenant shall use only the electrical outlets and water pipes existing in the Premises upon completion of the initial tenant improvements. In the event Tenant utilizes or consumes utilities or services after Usual Building Hours or in amounts which are appreciably in excess of those utilized or consumed by the average office tenants in the Building, Tenant shall reimburse Landlord, as additional rent, upon receipt of demand therefor, for the cost of such excess consumption. In addition, Landlord shall have the right at any time to cause water meters or electric current meters to be installed in the Premises for the purpose of measuring such excess consumption, in which event Tenant shall pay to Landlord, as additional rent, the cost of any such meters (which shall be the property of Landlord), as well as the cost of installation, maintenance and repair thereof. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the HVAC, elevator, and plumbing systems. Provided that Landlord shall not unreasonably interrupt Tenant's use of the Premises, Landlord shall at all reasonable times have free access to all mechanical installations in the Premises, including, but not limited to, air conditioning, fan, ventilating and machine rooms and electrical closet. Landlord shall have no responsibility for providing to Tenant any telephone equipment, including wiring, within the Premises or for providing telephone service or connections from the utility to the Premises, except as required by law.

Building Services and Utilities. Landlord agrees to supplyfurnish, subject at its sole cost and expense to the other provisions of this Lease, reasonable janitorial service and reasonable amounts of heat, water for drinking purposes, air conditioning and electric current for office machines and normal lighting Monday through Friday, from 8 a.m. to 6 p.m., and on Saturdays from 8 a.m. until noon, except for the usual holidays (the "Usual Building Hours"); provided, however, that reasonable amounts of electric current for office machines and normal lighting (subject to Tenant's payment of charges therefor in the event of excess consumption as provided below) shall be supplied by Landlord 24 hours per day, 7 days per week. Landlord shall not be liable for any interruption of said utilities and services when such interruption is caused by strikes, mechanical failure, accidents or any other conditions beyond the reasonable control of Landlord, nor shall there be any abatement of rent as a result thereof. Tenant shall not install or use in the Premises any machines or any apparatus or device, which individually or in the aggregate will generate excessive heat or increase the amount of electricity, water or air conditioning usually supplied for use extent of the Premises Operating Expense Base as general office spacedefined in Article 3.3, or in any way create a burden on or adversely affect to the normal functioning of the heating, ventilation Leased premises heat and air conditioning ("HVAC"reserving the right, at any time, to change energy sources) system sufficient to maintain the Leased Premises at comfortable temperature (in accordance, however, with applicable governmental guidelines or regulations relating to such temperatures, hours of operation and the like), during such hours of the Buildingday and days of the year that the Building is normally open. The Building is open 7:00 A.M. to 6:00 P.M. Monday through Friday and 8:00 A.M. to 12:00 P.M. on Saturday, holidays excepted. Tenant shall use only the electrical outlets agrees to cooperate with Landlord and water pipes existing in the Premises upon completion of the initial tenant improvements. In the event Tenant utilizes or consumes utilities or services after Usual to abide by all Building Hours or in amounts which are appreciably in excess of those utilized or consumed by the average office tenants in the Building, Tenant shall reimburse Landlord, as additional rent, upon receipt of demand therefor, for the cost of such excess consumption. In addition, Landlord shall have the right at any time to cause water meters or electric current meters to be installed in the Premises for the purpose of measuring such excess consumption, in which event Tenant shall pay to Landlord, as additional rent, the cost of any such meters (which shall be the property of Landlord), as well as the cost of installation, maintenance and repair thereof. Tenant shall comply with all rules and regulations which Landlord may reasonably establish may, from time to time, prescribe for the proper functioning and protection of any heating and air conditioning systems and in order to maximize the HVACeffect thereof. Notwithstanding anything to the contrary set forth in this Article IV or otherwise in the Lease, elevatorLandlord may institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services, or as may be necessary or required to comply with applicable codes, rules, regulations or standards. Landlord agrees to furnish, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3, to the Leased Premises hot and cold water for ordinary drinking, cleaning, lavatory and toilet facilities. Landlord agrees to cause the Leased Premises to be kept clean, at its sole cost and expense to the extent of the Operating Expense Base as defined in Article 3.3, (provided the same are kept in order and are properly maintained by Tenant) in accordance with the cleaning and janitorial standards for the Building including, at least, nightly cleaning and vacuuming of leased premises, common areas, lavatories and nightly emptying of trash and semi- annually washing windows inside and outside. Landlord, in its sole discretion, will either (i) furnish 120 volt electric current to the Leased Premises for normal business office purposes (exclusive, however, of Tenant's electrical needs for computers and similar equipment having special power or environmental requirements), charging the Tenant's Electricity Charge for such service, such charges to be paid by Tenant in equal monthly installment without set off or deduction (and without reduction in the event Tenant elects to occupy less than the entire Leased Premises or occupies the Leased Premises for shorter periods than the Leased Premises are made available hereunder) in the same day in each month that rental payments are due and payable hereunder (Landlord reserving, however, the right from time to time, and plumbing systemsat Landlord's sole discretion, to increase the Tenant's Electricity Charge to reflect the actual costs per square foot from time to time for such electricity), or (ii) may elect to cause electricity furnished to the Leased Premises to be separately metered, in which event all charges for electricity consumed on the Leased Premises will be billed directly to, and paid by, Tenant. Provided Landlord and Tenant agree that the current Tenant's Electricity Charge is equal to $.85 per rentable square foot per year. Said Tenant's electricity charge shall remain fixed for year one of the lease Term and thereafter any increase to be proportionate to other Tenant's increase, if any. Landlord shall not unreasonably interrupt Tenant's use furnish and install the bulbs required within the Leased Premises, at its sole cost and expense to the extent of the Premises, Operating Expense Base as defined in Article 3.3. Landlord shall at all be under no responsibility or liability for failure or interruption of any of the above described services, including utilities, repairs or replacements caused by breakage, accident, strikes, repairs, inability to obtain supplies, labor or materials, or for any other causes beyond the reasonable times have free access control of the Landlord, nor in any event for any indirect or consequential damages but Landlord acknowledges an affirmative obligation to all mechanical installations utilize best efforts to remedy the problem and provide such services; utilities, repairs and replacements and to effect a reasonable remedy within a reasonable period of time; and failure or omission the part of the Landlord to furnish any of same shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Landlord reserves the Premisesright to temporarily interrupt, includingcurtail, but not limited tostop or suspend the furnishing of heating, air conditioning, fanor the operation of such systems, ventilating and machine rooms and electrical closet. Landlord shall have no responsibility for providing to Tenant any telephone equipmentwhen necessary by reason of unforeseen accident or emergency, including wiring, within the Premises or for providing telephone service or connections from the utility to the Premises, except as required by lawrepairs.

Building Services and Utilities. Landlord agrees to supply, subject to the other provisions of this Lease, reasonable janitorial service and reasonable amounts of heat, water for drinking purposes, air conditioning and electric current for office machines and normal lighting Monday through Friday, from 8 a.m. to 6 p.m., and on Saturdays from 8 9 a.m. until noon1 p.m., except for the usual generally recognized holidays (the "Usual Building Hours"); provided. However, however, that reasonable amounts of electric current for office machines and normal lighting (subject to Tenant's payment of charges therefor in the event of excess consumption as provided below) Tenant shall be supplied by Landlord 24 permitted access to and use of the Premises and parking areas serving the Premises twenty-four (24) hours per day, 7 seven (7) days per week, subject to the provisions of this Lease. Landlord shall not be liable for any interruption of said utilities and services when such interruption is caused by strikes, mechanical failure, accidents or any other conditions beyond the reasonable control of Landlord, nor shall there be any abatement of rent as a result thereof. Tenant shall not install or use in the Premises any machines or any apparatus or device, which individually or in the aggregate will generate excessive heat or increase the amount of electricity, water or air conditioning usually supplied for use of the Premises as general office space, or in any way create a burden on or adversely affect the normal functioning of the heating, ventilation and air conditioning ("HVAC") system of the Building. If requested by Tenant in writing in advance in accordance with the Building's standxxx xxocedures for HVAC service during non-Usual Building Hours, HVAC service shall be provided to the Premises other than during Usual Building Hours, provided that Tenant shall pay to Landlord, as additional rent, for each such hour of HVAC service during non-Building Hours, the then standard charge by Landlord for such service in the Building (which shall be determined by Landlord in Landlord's reasonable business judgment based upon Landlord's good faith estimate of the actual cost of such HVAC servixx, xxxxuding, without limitation, reasonable administrative costs). Tenant shall use only the electrical outlets and water pipes existing in the Premises upon completion of the initial tenant improvementsTenant Improvements. In the event Tenant utilizes or consumes utilities or services after Usual Building Hours or in amounts which are appreciably in excess of those utilized or consumed by the average office tenants in the Building, Tenant shall reimburse Landlord, as additional rentAdditional Rent, upon receipt of demand therefor, for the cost of such excess consumption. In addition, Landlord shall have the right at any time to cause water meters or electric current meters to be installed in the Premises for the purpose of measuring such excess consumption, in which event Tenant shall pay to Landlord, as additional rentAdditional Rent, the cost of any such meters (which shall be the property of Landlord), as well as the cost of installation, maintenance and repair thereof. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the HVAC, elevator, and plumbing systems. Provided that Landlord shall not unreasonably interrupt Tenant's use of the Premises, Landlord shall at all reasonable times have free access to all mechanical installations in the Premises, including, but not limited to, air conditioning, fan, ventilating and machine rooms and electrical closet. Landlord shall have no responsibility for providing to Tenant any telephone equipment, including wiring, within the Premises or for providing telephone service or connections from the utility to the Premises, except as required by law.

Building Services and Utilities. Landlord agrees to supplyshall at its sole cost and expense, subject furnish to the Premises reasonable quantities of heating, ventilation and air conditioning during and after “Business Hours” (hereafter defined) on “Business Days” and non-Business Days (hereafter defined) through the Building heating ventilation and air-conditioning systems (the “HVAC Systems”). It is the intent of the parties that all services and utilities set forth in this Section 6 to be provided by Landlord shall be provided by the Landlord to Tenant at no cost to Tenant (other provisions than the payment of Common Expense Rent) twenty four hours a day, seven day per week and 365 days per year, except as otherwise expressly provided in this Section 6. For purposes of this Lease, reasonable janitorial service (i) “Business Hours” shall mean the hours of 8:00 a.m. through 6:00 p.m. Monday-Friday and reasonable amounts the hours 8:00 a.m. through 1:00 p.m. on Saturday, and (ii) “Business Days” shall mean all days, excluding Sundays and all days observed as legal holidays by the State of heatNew Jersey. Non-Business Days and After Business Hours shall mean all other times and days without limitation. Landlord shall make available at the Premises electric service, city water for drinking ordinary lavatory and cleaning purposes, sanitary sewer, storm sewer, steam (for Building heating equipment only), chilled water (for Building ventilation and air-conditioning equipment only), compressed air conditioning and electric current natural gas, which costs are included in Common Expense Costs (collectively, the “Utilities”). Landlord shall provide service elevator service during Business Hours on Business Days. Landlord shall provide passenger elevator service. Landlord shall provide for office machines gated access to the Project with a security guard on duty twenty four hours a day, seven day per week and normal lighting Monday through Friday, from 8 a.m. to 6 p.m.365 days per year. Tenant shall provide for all cleaning and extermination services required by Tenant, and on Saturdays from 8 a.m. until noonshall furnish, except install and replace all lighting tubes, lamps, bulbs and ballasts required by Tenant during the Term, at Tenant’s sole cost and expense. Tenant shall be solely responsible for the usual holidays (replacement, repair and maintenance of any utility equipment within the "Usual Building Hours"); provided, however, Premises that reasonable amounts only services the Premises. Tenant’s use of electric current for office machines electrical energy and normal lighting (subject to Tenant's payment of charges therefor any other utility in the event Premises shall not, at any time, exceed the capacity of excess consumption as provided beloweither or both of (x) shall be supplied any of the electrical or any other utility equipment in or otherwise servicing the Premises; and (y) the HVAC Systems of the Premises. Landlord reserves the right, without any liability to Tenant and without affecting Tenant’s covenants and obligations hereunder, to stop service of any or all of the HVAC, electric, sanitary, and other systems serving the Premises, or to stop any other services required by Landlord 24 hours per dayunder this Lease, 7 days per weekwhenever and for so long as may be necessary by reason of (i) accidents, emergencies, strikes, or the making of repairs or changes which Landlord deems necessary in its reasonable discretion or (ii) any other cause beyond Landlord’s reasonable control; provided Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises. Landlord shall not be liable to Tenant for any interference in or interruption of said utilities and services when such interruption is caused by strikes, mechanical failure, accidents or any utility or other conditions services beyond the Landlord’s reasonable control of Landlordcontrol, nor shall there be any curtailment or interruption beyond Landlord’s reasonable control constitute a constructive eviction or grounds for rental abatement of rent as a result thereof. Tenant shall not install or use in the Premises any machines or any apparatus or device, which individually whole or in the aggregate will generate excessive heat or increase the amount of electricity, water or air conditioning usually supplied for use of the Premises as general office space, or in any way create a burden on or adversely affect the normal functioning of the heating, ventilation and air conditioning ("HVAC") system of the Building. Tenant shall use only the electrical outlets and water pipes existing in the Premises upon completion of the initial tenant improvements. In the event Tenant utilizes or consumes utilities or services after Usual Building Hours or in amounts which are appreciably in excess of those utilized or consumed by the average office tenants in the Building, Tenant shall reimburse Landlord, as additional rent, upon receipt of demand therefor, for the cost of such excess consumption. In addition, Landlord shall have the right at any time to cause water meters or electric current meters to be installed in the Premises for the purpose of measuring such excess consumption, in which event Tenant shall pay to Landlord, as additional rent, the cost of any such meters (which shall be the property of Landlord), as well as the cost of installation, maintenance and repair thereof. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of the HVAC, elevator, and plumbing systems. Provided that Landlord shall not unreasonably interrupt Tenant's use of the Premises, Landlord shall at all reasonable times have free access to all mechanical installations in the Premises, including, but not limited to, air conditioning, fan, ventilating and machine rooms and electrical closet. Landlord shall have no responsibility for providing to Tenant any telephone equipment, including wiring, within the Premises or for providing telephone service or connections from the utility to the Premises, except as required by lawpart hereunder.