Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) hot and cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 2 contracts

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

Building Services. ~~7.01~~ 7.01. Landlord shall furnish Tenant with the following ~~services:~~ services consistent with the quality of operations of similar first-class suburban office buildings in the Boston/Metro West market area: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories and drinking purposes~~lavatories; (b) customary heat and air conditioning in season during Building Service ~~Hours (, although (i)~~ Hours; provided that Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service ~~and providing~~ so long as Tenant requests same by written notice to Landlord not later than 12:00 noon on the Business Day preceding the day of such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlordovertime usage; (c) standard janitorial service on Business ~~Days~~Days in accordance with the cleaning specifications attached hereto as Exhibit J; (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; and (f) ~~access~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. As of the date hereof, Landlord’s charge for after-Building Service Hours heating service is $75.00 per hour, and Landlord’s charge for after-Building Service Hours air conditioning service is $75.00 per hour, in each case for the entire Premises, subject to increase from time to time commensurate with increases to Landlord’s actual out-of-pocket costs for providing such service. Access to the Building for Tenant and its employees 24 shall be available twenty-four (24) hours per ~~day/7~~ day, seven (7) days per week, subject to the terms of this Lease and such ~~protective services~~ security or monitoring ~~systems, if any,~~ systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards~~; and~~ . (ga) ~~subject~~ Electricity shall be distributed to ~~Section 26.10, such other services as~~ the Premises either by the electric utility company selected by Landlord ~~reasonably determines are necessary or appropriate~~ to provide electricity service for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shallBuilding or, at Landlord’s option, by Landlord; and Landlord shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Premises, Tenant shall obtain all of its electricity from Landlord and shall pay all of Landlord’s charges therefor. Such charges will be based on Landlord’s actual cost of such electrical service based upon a submeter measuring usage in the Premises, which submeter shall be installed by Tenant, at Tenant’s cost, as part of the Initial Alterations (defined in Exhibit C). If the electric utility company selected by Landlord to provide electricity service for the Building is distributing electricity to the Premises, Landlord may elect to require Tenant, at its cost, to make all necessary arrangements with such electric utility company for metering and paying directly to the utility provider for electric current furnished to the Premises. All electricity used during the performance of janitorial service, or the making of any alterations or repairs in or to the Premises, or the operation of any special air conditioning system serving the Premises, shall be paid ~~for~~ by ~~Tenant by a separate~~Tenant, ~~flat-rate charge (except~~ as and if evidenced on the ~~same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot~~ reading of the ~~Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder~~submeter. Landlord ~~shall have~~ has advised Tenant that presently National Grid (the “Electric Service Provider”) is the electric utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, Landlord reserves the right at any time and from time to time before or during the Term to either contract for electric service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternative Service Provider”) or continue to contract for electricity service from the Electric Service Provider, provided such service is at commercially reasonable rates. Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternative Service Provider at all times and, as reasonably ~~increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in~~ necessary, shall allow Landlord, the ~~cost of electricity~~ Electric Service Provider and any Alternative Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring and other machinery within the Premises. (~~and/or the generation thereof~~b) ~~to Landlord in connection with the Property with no xxxx up by Landlord.~~ Without the consent of Landlord, Tenant’s use of electrical service shall not ~~exceed~~ exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load that which Landlord reasonably deems to be standard for the ~~Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load~~Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). ~~7.03~~ 7.03. Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or interference with Tenant’s access to the Premises by Landlord, its agents, contractors or employees that continues after notice to Landlord thereof, or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if, as a result of a Service Failure that is reasonably within the control of Landlord to correct, the Premises are made untenantable or not capable of Tenant’s reasonable access for a period in excess of three (3) consecutive Business Days after Tenant notifies Landlord of the Service Failure (the “Service Failure Notice”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the fourth (4th) consecutive Business Day after delivery to Landlord of the Service Failure Notice and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure or if the entire Premises are not reasonably accessible by Tenant, the amount of abatement shall be equitably prorated. Notwithstanding the foregoing, if ~~all or any portion~~ a Service Failure is reasonably within the control of Landlord and (a) continues for sixty (60) days after the ~~Premises~~ Service Failure and (b) is ~~rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to~~ not being diligently remedied by Landlord~~’s negligence or willful misconduct and Tenant does not use or occupy the same during said period~~, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall ~~be abated in proportion~~ have the right to ~~the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth~~ elect to terminate this Lease within ten (~~5th~~10) ~~Business Day~~ days after the ~~date on which Tenant delivers~~ expiration of said sixty (60) day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the ~~interruption and an opportunity~~repair or restoration of the Service Failure, ~~within such five (5) Business Day period,~~ Tenant shall not be entitled to ~~cure same~~terminate the Lease but rather Tenant’s sole remedy shall be to xxxxx Rent as provided above. The ~~rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month~~ foregoing termination right shall not ~~exceed twenty-five percent (25%) of~~ apply if the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it Service Failure is ~~otherwise entitled hereunder~~ due to ~~the number of calendar months remaining~~ fire or other casualty or condemnation. Instead, in ~~the term~~such an event, the ~~monthly cap~~ terms and provisions of Section 16 or Section 17, as the case may ~~be increased proportionately to the extent necessary to avoid such result~~be, shall apply.

Appears in 2 contracts

Samples: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)

Building Services. ~~7.01 Landlord shall furnish Tenant with the following services:~~ (a) ~~hot~~ Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m., furnish heating and ~~cold water for use in~~ cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation (reserving the ~~Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (~~right, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hourat any time, ~~subject~~ to change ~~by Landlord from time to time),~~ energy or heat sources) for occupants of the Premises under normal business operation at an occupancy of not more than one person per 100 square feet of Premises Rentable Area and an electrical load not exceeding four (ii4) if xxxxx per square foot of usable area within the Premises. In the event Tenant ~~is permitted to connect~~ introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance other way interferes with the ~~terms and conditions in Section 7.02; (f) access~~ system’s ability to ~~the Building for Tenant and~~ perform adequately its ~~employees 24 hours per day/7 days per week~~proper functions, ~~subject to the terms of this Lease and such protective services or monitoring systems~~supplementary systems may, if ~~any,~~ and as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shallneeded, at Landlord’s option, be ~~paid~~ provided by Landlord, at Tenant’s expense. (b) Landlord will use reasonable efforts upon reasonable advance written notice from Tenant of its requirements in that regard, to furnish additional heat, cleaning or air conditioning services to the Premises on days and at times other than as set forth in Section 7.4(a) (“the Overtime Hours”). Tenant will pay to Landlord, as Additional Rent, for any such additional heat, cleaning or air conditioning service required by Tenant for the Overtime Hours. The cost for any HVAC service during Overtime Hours requested by ~~a separate~~Xxxxxx and provided by Landlord is currently $75.00 per hour per HVAC unit. (c) Landlord shall also provide: (i) Passenger elevator service from the existing passenger elevator system in common with Landlord and other tenants in the Building. (ii) Cleaning to the Premises in accordance with cleaning and janitorial standards generally prevailing throughout the Term in comparable office buildings within the municipality in which the Building is located, ~~flat-rate charge~~ but not including cleaning of carpets or rugs (except normal vacuuming) or moving of furniture, and other special services. Window cleaning shall be done by Landlord at reasonable intervals and as Landlord deems necessary. (iii) Elevator service from the ~~same~~ lobby to the Premises; (iv) Water for ordinary cleaning, lavatory and toilet facilities If Tenant requires, uses or consumes water for any purpose other than for the aforementioned purposes, Landlord may ~~be increased as hereinafter provided in this Section 7.02~~(i) ~~payable~~ assess a reasonable charge for the additional water so used or consumed by Tenant or (ii) install a water meter and thereby measure Tenant’s water consumption for all purposes. (v) Free access to ~~Landlord monthly with Rent~~the Premises on Business Days from 8:00 a.m. to 6:00 p.m., ~~initially estimated (~~and at all other times during the ~~rate of $1.50 per rentable square foot of the Premises)~~ Term subject to ~~be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right~~ security precautions from time to time in effect, and subject always to ~~reasonably increase such monthly flat-rate amount payable by Tenant hereunder~~ restrictions based on ~~actual increases~~ emergency conditions. (vi) Free access (subject to reasonable restrictions from time to time in effect, and subject always to emergency conditions) to common cafeterias, fitness centers (including changing rooms, lockers and showers) and any shared conference facilities within the Building. (d) Landlord or Agent may from time to time, but shall not be obligated to, provide one or more uniformed attendants in or about the lobby of the Building. Unless Landlord expressly agrees otherwise in writing, such attendant(s) shall serve functions such as assisting visitors and invitees of tenants and others in the ~~cost of electricity~~ Building, monitoring fire control and alarm equipment, and summoning emergency services to the Building as and when needed. Tenant expressly acknowledges and agrees that: (~~and/or the generation thereof~~i) ~~to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service~~ such attendants shall not ~~exceed~~ serve as police officers, and will be unarmed, and will not be trained in situations involving potentially physical confrontation; and (ii) if provided, such attendants will be provided solely as an amenity to tenants of the Building ~~standard usage~~ for the sole purposes set forth above, and not for the purpose of ~~six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon~~ securing any individual tenant premises or guaranteeing the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost physical safety of Tenant’s ~~electrical usage~~Premises or of Tenant’s employees, ~~on a monthly~~agents, ~~per-rentable-square-foot basis,~~ contractors or invitees. If and to ~~materially exceed~~ the extent that ~~which Landlord reasonably deems~~ Tenant desires to ~~be standard~~ provide security for the ~~Building~~Premises or for such persons or their property, Tenant shall ~~pay~~ be responsible for so doing, after having first consulted with Landlord ~~Additional Rent~~ and after obtaining Xxxxxxxx’s consent, which shall not be unreasonably withheld. Landlord expressly disclaims any and all responsibility and/or liability for the ~~cost~~ physical safety of ~~such excess electrical usage~~ Tenant’s property, and for that of Tenant’s employees, agents, contractors and invitees, and, ~~if applicable~~without in any way limiting the operation of Article X hereof, Tenant, for ~~the cost~~ itself and its agents, contractors, invitees and employees, hereby expressly waives any claim, action, cause of ~~purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish,~~ action or ~~any interruption, diminishment~~ other right which may accrue or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely arise as a result of any damage or injury to the ~~failure~~ person or property of Tenant or any ~~Essential Service~~ such agent, invitee, contractor or employee Xxxxxx agrees that, as between Landlord and Tenant, it is Tenant’s responsibility to advise its employees, agents, contractors and invitees as to necessary and appropriate safety precautions. (e) Notwithstanding anything to the contrary in this Article 7 or in this Lease contained, Landlord may institute, and Tenant shall comply with, such policies, programs and measures as ~~defined below~~may be necessary, required, or expedient for the conservation and/or preservation of energy or energy services to the Premises, or as may be necessary or required to comply with applicable codes, rules regulations or standards. (f) Notwithstanding the foregoing to the contrary, if, due to any negligent or willful and wrongful act or omission of Landlord or Landlord’s ~~negligence~~ agents or ~~willful misconduct~~ employees, Tenant is prevented from receiving essential services or utilities that Landlord is obligated to perform or deliver under this Lease, and such interruption of essential services or utilities renders the Premises untenantable (meaning that Tenant is unable to use and occupy the Premises in a reasonably safe manner for the business office purposes and Tenant ~~does not use~~ has in fact vacated or ~~occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of~~ partially vacated the Premises ~~rendered Untenantable until the date on which~~ as a result), and if such ~~Untenantability is cured, provided that such abatement~~ interruption shall ~~not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord~~ continue for a period of ~~the interruption and an opportunity, within such~~ five (5) consecutive Business ~~Day period,~~ Days after notice thereof from Tenant to ~~cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of~~ Landlord that the ~~Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement~~ Premises are untenantable as a result thereof, then Basic Rent and additional rent shall xxxxx commencing on the sixth Business Day after such notice (and, if less than all of the Premises are affected by such ~~monthly cap~~ interruption and vacated, such abatement shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due pro-rated according to the ~~number of calendar months remaining in the term, the monthly cap may be increased proportionately~~ area so affected) until such time as such services or utilities are restored. The foregoing shall not apply to any interruption to the extent ~~necessary to avoid~~ the same arises from any act or omission of Tenant or its agents, contractors or employees, or from fire or casualty, Force Majeure or taking or condemnation by the power of eminent domain, which are dealt with in Article XII. Tenant’s rights herein granted shall be Tenant’s sole and exclusive remedies for any loss or damage arising from any such ~~result~~interruption.

Appears in 2 contracts

Samples: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories and drinking purposes~~restrooms; (b) customary heat and air conditioning (“HVAC”) in season during Building Service ~~Hours (~~Hours, ~~although (i) Tenant shall have the right to receive~~ which HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be ~~conditioned upon~~ in good working order on the basis of a density that does not exceed the Base Building Density (Landlord ~~having adequate excess capacity from time to time and such connection and use~~ shall ~~be subject to Landlord~~review Tenant’s ~~reasonable approval and reasonable restrictions imposed~~ MEP drawings in accordance with Exhibit C attached hereto, when the same are submitted by ~~Landlord~~Tenant as part of the Construction Documents (as defined therein), and Landlord shall ~~have~~ notify Tenant if any such work is not compatible with the ~~right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord~~Base Building systems); (c) standard janitorial service on Business ~~Days~~Days and outside of Building Service Hours in accordance with the specifications attached hereto as Exhibit H, along with any modifications, amendments and supplements thereto as Landlord may reasonably adopt for the Building in the future from time to time; (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such reasonable protective services or monitoring systems, if any, as Landlord may ~~reasonably~~ from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and requesting service no later than 5:00 pm the prior Business Day. As of the date hereof, such standard charge for after-hours HVAC service is $75.00 per hour per floor. If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time as determined in Landlord’s reasonable discretion and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services ~~which~~ that are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to the applicable service provider the cost of ~~providing~~ such ~~service~~ services plus an a reasonable administrative ~~charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by~~ charge. Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to ~~measure electrical usage by commonly accepted methods~~install, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of at Tenant’s ~~electrical usage~~sole cost and expense and pursuant to the terms and provisions of Section 8, a supplemental cooling unit within the Premises for Tenant’s exclusive use on a ~~monthly, per~~twenty-~~rentable-square-foot~~ four (24) hour basis, connected to ~~materially exceed that which Landlord reasonably deems to be standard for~~ the Building’s condenser water loop or chilled water line (a “Supplemental Cooling Unit”), Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due subject to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due terms and conditions above and subject to Landlord’s ~~negligence or willful misconduct~~ approval of such Supplemental Cooling Unit and ~~Tenant does not use or occupy~~ the ~~same during said period~~installation thereof, ~~then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on~~ which ~~such Untenantability is cured, provided that such abatement~~ approval shall not ~~commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity~~be unreasonably withheld, ~~within such five (5) Business Day period, to cure same. The rate at which Base Rent~~ conditioned or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultdelayed.

Appears in 2 contracts

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

Appears in 2 contracts

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

Building Services. 7.01 Subject to Tenant’s express obligation herein to pay for non-Building Service Hour HVAC or excess electrical usage and the others terms of this Lease, and subject to Section 7.02 of this Lease, Landlord shall furnish Tenant with the following ~~services~~services (“Landlord Services”) 24 hours per day, 7 days per week: (a) ~~hot and cold~~ water for use in the Base Building lavatories and ~~drinking purposes~~Premises sinks (if any); (b) customary heat and air conditioning in season during Building Service ~~Hours (~~Hours, although ~~(i)~~ Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) ~~unattended~~ elevator service, provided that, subject to Force Majeure, at least 1 passenger elevator servicing the Premises shall be available for the use of Tenant, in common with other occupants of the Building, 24 hours a day, 365/6 days per year; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; ~~and~~ and, (gh) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If As of the date hereof, Landlord's charge for non-Building Service Hours HVAC service is $56.00 per hour, ~~at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant~~ subject to ~~Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same~~ change from time to ~~constitute Additional Rent hereunder~~time. 7.02 Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant ~~by a separate, flat-rate charge~~ through inclusion in Expenses (except ~~the same may be increased~~ as ~~hereinafter~~ provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annumfor excess usage), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not ~~exceed~~ exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the ~~Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load~~Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Buildingexcess electricity, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage ~~and~~(provided that the cost for such excess electrical usage shall be limited to Landlord’s actual, ~~if applicable,~~ reasonable costs of supplying such excess electricity; Landlord shall in no event charge an administrative fee in addition to the foregoing) and for the cost of purchasing and installing the measuring device(s). 7.03 Except as expressly provided in this Lease, Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~However, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable (as defined below) solely~~ Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the ~~failure~~ control of ~~any Essential Service (as defined below) due~~ Landlord to ~~Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period~~correct, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered ~~Untenantable until~~ untenantable by the ~~date on which such Untenantability is cured~~Service Failure, ~~provided that such~~ the amount of abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultequitably prorated.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building lavatories and ~~drinking purposes~~in any kitchen/coffee room located within the Premises; (b) ~~customary~~ heat and air conditioning in season during Building Service ~~Hours (~~Hours, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (current charges are set forth below) and providing such prior notice as is reasonably specified by Landlord (Landlord’s ~~current~~ charge for ~~afterhours~~ additional HVAC ~~is $60 per hour, subject to change by Landlord from time to time~~service shall be based on a minimum of four (4) hours of usage), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) ~~standard~~ janitorial service on Business Days; (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in of Section 7.02; (f) access to the Building for Tenant and its employees 24 twenty-four (24) hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an a reasonable administrative ~~charge of ten percent~~ charge. HVAC service during hours other than Building Service Hours requires at least twenty-four (~~10%)~~24) hours prior notice to Landlord, ~~the same~~ and can be requested for either “Economizer” service, or for “fan only” service. Full HVAC service during hours other than Building Service Hours requires at least one (1) week prior notice to ~~constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at~~ Landlord. There is a four (4) hour minimum for after-hours HVAC service. Landlord’s ~~option, be paid~~ charges for ~~by Tenant by a separate, flat-rate charge (except the same may be increased~~ such services as ~~hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot~~ of the ~~Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable~~ Effective Date are as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.follows:

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Jaguar Health, Inc.)

Building Services. ~~7.01~~ As long as Tenant is not in monetary default under this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes~~Premises; ~~(b) customary heat and~~ provided, however, that if Tenant shall require heating, ventilation or air conditioning in ~~season during Building Service Hours (~~excess of that which Landlord shall be required to provide hereunder, ~~although (i) Tenant~~ Landlord may provide such additional heating, ventilation or air conditioning at such rates and upon such additional conditions as shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change be determined by Landlord from time to time). (C) Water for rest room purposes in the common areas of the Building. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and ~~(ii) if Tenant is permitted to connect any supplemental HVAC units~~ are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the ~~Building’s condenser water loop or chilled water line, such permission shall be conditioned upon~~ satisfaction of Landlord ~~having adequate excess capacity from time to time~~ and ~~such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed~~ by ~~Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined~~ persons approved by Landlord; ~~(c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity~~ and, in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowall events, Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to Landlord the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost removal of Tenant~~’s electrical usage~~'s refuse and rubbish, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent ~~necessary~~ that the same exceeds the refuse and rubbish attendant to ~~avoid~~ normal office usage. (E) Parking shall be provided at no cost to Tenant. Tenant acknowledges and agrees that all such ~~result~~parking shall be conducted on a "first come, first serve" basis (i.e., there shall be no reserved parking spaces specifically designated for Tenant's sole use, and there are no assurances that such spaces will be protected from the elements by a roof or other overhead cover).

Appears in 2 contracts

Samples: Office Lease (Treaty Oak Bancorp Inc), Office Lease (Treaty Oak Bancorp Inc)

Building Services. ~~7.01 Landlord shall furnish Tenant with~~ Notwithstanding anything to the ~~following services:~~ contrary in this Sublease (~~a) hot~~ including Section 4.1 above), Subtenant acknowledges that Sublandlord does not have control of the Building or the Building systems, and ~~cold water for use in the Base~~ that Sublandlord will not provide utilities, maintenance, repair or restoration work or other Building ~~lavatories~~ services (including, without limitation, those services and ~~drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right~~ obligations to ~~receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified~~ be performed by Landlord ~~(Landlord’s current charge for afterhours HVAC is $60 per hour~~under Articles 6, ~~subject to change by Landlord from time to time~~7, 11 and 12 of the Prime Lease), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject . Subject to the terms of this paragraph 4.3 and the Landlord’s Consent, Subtenant will look solely to Landlord for performance of the services to which Sublandlord is entitled under Article 6 and 7.1 of the Prime Lease. Without limiting the generality of the foregoing, Sublandlord shall have no liability for any interruption or stoppage of services, and no such interruption or stoppage of services shall relieve Subtenant from any obligation that it may have under this Sublease, including without limitation, the obligation to pay Basic Rent and Additional Rent; provided, however, that if Sublandlord’s Basic Rent is abated with respect to any portion of the Subleased Premises pursuant to Section 6.3 of the Prime Lease, and if the interruption or stoppage is not caused by misuse or neglect by Subtenant or Subtenant’s agents or employees, then Basic Rent for the portion of the Subleased Premises that is not tenantable shall xxxxx for the period of time that Sublandlord’s Basic Rent abates pursuant to Section 6.3 of the Prime Lease with respect to that portion of the Subleased Premises. Sublandlord, upon receipt of written notice from Subtenant, shall make demand upon Landlord to take all appropriate action for the correction of any defect, inadequacy or insufficiency in Landlord’s performance under the Prime Lease that materially interferes with or materially adversely affects Subtenant’s use of the Subleased Premises or rights granted to Subtenant pursuant to this Sublease. If, after receipt of written request from Sublandlord, Landlord shall fail or refuse to cure such defect, inadequacy or insufficiency, Sublandlord (with Subtenant’s cooporation) will make good-faith commercially reasonable efforts to enforce its rights under the Prime Lease against Landlord for the benefit of Subtenant such that Subtenant will receive the full benefit of the rights granted to Subtenant under this Sublease. In connection with any such enforcement of the Prime Lease by Sublandlord, (a) attorneys employed for such purposes shall be subject to the approval of both Sublandlord and Subtenant, and (b) the costs and expenses of such ~~protective services or monitoring systems, if any, as Landlord may reasonably impose,~~ enforcement (including, without limitation, ~~sign-in procedures and/or presentation of identification cards;~~ attorneys fees, court costs, and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of ~~$1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable~~ any monetary judgments against Sublandlord arising out of any counterclaim made by ~~Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to~~ Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”litigation) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (be paid by Subtenant as ~~defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct~~ such costs and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultexpenses are incurred.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Pacifica Bancorp Inc)

Appears in 2 contracts

Samples: Office Lease Agreement (Marlborough Software Development Holdings Inc.), Office Lease Agreement (Bitstream Inc)

Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) hot and cold water for use in the ~~Base~~ Building ~~lavatories and drinking purposes~~lavatories; (b) customary heat and air conditioning in season during Building Service ~~Hours (~~Hours, although Tenant shall have (i) ~~Tenant shall have~~ the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which is currently $100 per hour per floor with a two (2) hour minimum, subject to additional charges for supplemental HVAC units) and providing such prior notice as is reasonably specified by ~~Landlord (~~Landlord~~’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time)~~, and (ii) ~~if Tenant~~ access to supplemental air conditioning by paying Landlord’s then standard charge therefor (which is ~~permitted~~ currently a tap in charge of $200.00 per ton) to connect ~~any supplemental HVAC units~~ to the ~~Building’s~~ Building condenser ~~water loop or chilled water line~~water, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant plus a ~~connection~~ current monthly fee ~~and/or a monthly usage fee, as reasonably determined by Landlord~~of $40 per ton; (c) standard janitorial service on Business ~~Days~~Days in accordance with the Cleaning Specifications attached hereto as Exhibit H; (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. In the event Tenant installs any private restroom(s) and/or shower(s) in the Premises or any above standard kitchen, pantry(ies), fitness center and/or any other above standard improvements, Tenant shall be solely responsible for any and all cleaning, repairs and replacements to such restroom(s), shower(s), above-standard kitchen, pantry(ies), fitness center and/or any other above standard improvements. If ~~Landlord~~any additional cleaning of the Premises above the Building standard specifications is to be done by Tenant, it shall be done at Tenant’s ~~request~~sole expense, ~~provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant~~ in a manner reasonably satisfactory to ~~Section 9 below,~~ Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to Landlord the cost of removal of any of Tenant’s refuse and rubbish from the Premises and the Building (i) to the extent that the same, in any one day, unreasonably exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Premises as offices, as described and included in Landlord’s cleaning contract for the Building or recommended by Landlord’s cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink (other than typical office use). Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as Additional Rent within ten (10) days after the time rendered. Tenant shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Premises or the Building for the purpose of providing such ~~service plus an administrative charge of ten percent (10%)~~extermination services, ~~the same to constitute Additional Rent hereunder~~unless such persons have been reasonably approved by Landlord. 7.02 ~~Electricity used~~ All electricity consumed by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent ~~hereunder~~in accordance with the terms of this Lease. In addition, Landlord may, at its option, furnish and install, at Tenant’s expense, all lighting tubes, lamps, bulbs, and ballasts required in the Premises at reasonable and customary rates; provided, however, Landlord shall ~~have~~ not be liable if it elects, in its sole discretion, not to replace any lighting tube, lamp, bulb or ballast, or if it is delayed in replacing same for any reason, including without limitation delays in deliveries or unavailability of non building standard items. During each calendar year, or portion thereof, falling within the ~~right from time~~ Term, Tenant shall pay to ~~time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases~~ Landlord a charge for consumption of electricity in the ~~cost~~ Premises as stated by the meter described in Section 1.13 hereof together with a monthly administrative charge thereon of ~~electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord~~3%. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed ~~the Building standard usage of six (6)~~ 6 xxxxx per rentable square ~~foot~~foot of the Premises. Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as ~~reasonably determined by Landlord~~generation, ~~based upon the Building~~ distribution and standard ~~electrical design load~~cost charges. Landlord shall have the exclusive right to ~~measure~~ select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. Landlord shall not be liable in any way to Tenant for any interruption or failure of or defect in the supply, character, quantity or quality of electric energy furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the supply, character, quantity or quality of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building with electricity or for any other reason. Notwithstanding anything set forth herein to the contrary, Tenant acknowledges and agrees that in the event at any time during the Term Tenant installs any type of supplemental equipment (including, but not limited to, supplemental HVAC equipment) in or serving the Premises (subject to Landlord’s consent), then Landlord may require, at Tenant’s sole cost and expense, that Tenant separately meter the electrical usage ~~by commonly accepted methods~~for the Premises (or separately meter the electrical usage for such supplemental equipment using Landlord’s approved metering equipment and electrician) or, ~~including the installation~~ at Landlord’s option, Landlord may use any other method of measuring ~~devices~~ electrical usage that Landlord deems appropriate and Tenant shall be required to pay Landlord for such ~~as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s~~ additional electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord reserves the right to stop the furnishing of the Building services and to stop service of the Base Building, when necessary, by reason of accident, or emergency, or for alterations in the judgment of Landlord desirable or necessary to be made, until such accident or emergency shall have ceased or said alterations shall have been completed; and Landlord shall have no responsibility or liability for failure to supply air-conditioning, ventilation, heat, elevator, plumbing, electric, or other services during said period or when prevented from so doing by strikes, lockouts, labor troubles, difficulty of obtaining materials, accidents or by any cause beyond Landlord’s ~~failure to furnish~~reasonable control, or ~~any interruption, diminishment~~ by Laws or ~~termination of services due to the application of Laws, the~~ failure of ~~any equipment~~electricity, water, steam, coal, oil or other suitable fuel or power supply, or inability by exercise of reasonable diligence to obtain electricity, water, steam, coal, oil or other suitable fuel or power. Except as expressly provided in Section 16.02 in the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an~~ event of ~~Force Majeure (defined in Section 26.03) (collectively~~ a ~~“Service Failure”) shall not render Landlord liable to Tenant~~Casualty, ~~constitute a constructive eviction of Tenant, give rise to an~~ no diminution or abatement of ~~Rent, nor relieve~~ rent or other compensation shall or will be claimed by Tenant ~~from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely~~ as a result therefrom, nor shall this Lease or any of the ~~failure~~ obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspension, nor shall the same constitute an actual or constructive eviction. Without limiting events that may constitute “any ~~Essential Service~~ cause beyond Landlord’s reasonable control,” the following are items which Landlord and Tenant agree are beyond Landlord’s reasonable control: (~~as defined below~~a) Lack of access to the Property, Building or the Premises (which shall include, but not be limited to, the lack of access to the Building or the Premises when it or they are structurally sound but inaccessible due to ~~Landlord’s negligence~~ evacuation of the surrounding area or ~~willful misconduct~~ damage to nearby structures or public areas); (b) any cause outside the Building or the Property; (c) Reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to, the presence of biological or other airborne agents within the Building or the Premises); (d) Disruption of mail and ~~Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion~~ deliveries to the ~~portion of~~ Building or the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as resulting from a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.casualty;

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Loxo Oncology, Inc.)

Building Services. ~~7.01~~ (a) Landlord shall provide all utilities and services for normal office uses, including hot and cold water, a tenant directory, electricity for normal office equipment, central heating and air conditioning, gas, sewer service, replacement of light bulbs in the Leased Premises and Common Areas, trash removal service, janitorial service (including daily cleaning service and periodic window cleaning), landscaping and such other services and utilities as are customarily provided by landlords in medical buildings in the locality of the Building. The parties specifically agree that Tenant will be operating radiation oncology, and radiation oncology related, equipment on the premises, and such use shall be considered to be “normal office use.” Landlord shall furnish ~~Tenant with the following services: (a) hot and cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat~~ central heating and air conditioning in season ~~during~~ (on business days from 7:00 a.m. to 7:00 p.m.) at temperatures and in amounts as are generally provided in medical buildings in the locality of the Building or in compliance with any governmental regulations, whichever is greater. Service ~~Hours~~ for central heating and air conditioning at times other than as above provided shall be furnished upon not less than twenty-four (24) hours advance notice from Tenant, ~~although~~ and Landlord shall be entitled to charge Tenant the cost incurred by Landlord in providing such overtime service, including reasonable charges for overhead and supervision in connection therewith, and if more than one tenant has requested or is furnished such overtime service for all or some of the same hours, the charge therefor will be prorated, based upon the number of tenants requesting and/or availing themselves of said overtime service concurrently. Landlord shall also provide routine maintenance, painting and electric lighting service for all public areas and special service areas of the Property in the manner and to the extent generally provided in medical office buildings comparable to the Building in the locality where the Building is located. Landlord may, in its sole discretion, provide additional services not enumerated herein. (ib) If and so long as an interruption of a service or utility not due to a fire or other casualty or any act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees or invitees, continues and shall interfere with the conduct of Tenant’s business for more than five (5) business days after notice of such interruption shall have been given to Landlord, the base rent to be paid hereunder shall be abated, to such an extent as is fair and reasonable under the circumstances, based on the degree of interference, from the date of such interruption until such service or utility shall be restored, and if such an interruption of a service or utility shall be so complete as to significantly interfere with the conduct of Tenant’s business therefrom for more than one (1) month after Landlord first receives notice of such interruption, then Tenant shall have the right to ~~receive HVAC~~ terminate this Lease by giving written notice thereof to Landlord at any time thereafter before such service ~~during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as~~ or utility is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission restored. Such termination shall be ~~conditioned~~ effective as of the date which Tenant shall specify in said notice, but not more than sixty (60) days after the date upon ~~Landlord having adequate excess capacity from time~~ which said notice of termination is given. (c) In addition to ~~time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have~~ the right to ~~charge Tenant a connection fee and/or a monthly usage fee,~~ xxxxx rent as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systemsset forth above, if ~~any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10,~~ such ~~other services as Landlord reasonably determines are necessary or appropriate~~ interruption continues for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such more than five (5) ~~Business Day period~~days after notice of such interruption has been given to Landlord, Tenant shall have the right, after giving Landlord notice thereof, to ~~cure same. The rate at which Base Rent or Additional Rent~~ attempt to repair the interruption, without liability to Landlord (except for Tenant’s negligence), and Tenant may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited offset against ~~the Base Rent or Additional Rent next thereafter~~ rent due under this ~~Lease, subject to~~ Agreement the reasonable cost of such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultrepairs.

Appears in 2 contracts

Samples: Office Lease (Interhealth Facility Transport, Inc.), Office Lease (Interhealth Facility Transport, Inc.)

Building Services. ~~7.01~~ Landlord shall furnish Tenant ~~with the following services: (a) hot and cold~~ water at those points of supply provided for general use of other tenants in the ~~Base~~ Building ~~lavatories~~ (subject to the terms and ~~drinking purposes;~~ provisions of Sections 7.1, 7.2, 8.1 and 8.2 of this Lease), electrical power not to exceed at any given time four (b4) ~~customary heat~~ xxxxx per rentable square foot of space in the Leased Premises, pest control, and central heating and air conditioning in ~~season~~ season, on business days during Building ~~Service Hours (~~Standard Hours, ~~although (i) Tenant shall have the right~~ and at temperatures and in amounts as are considered by Landlord to ~~receive HVAC~~ be standard or in compliance with any applicable Legal Requirements; provided that heating and air conditioning service ~~during hours~~ at times other than Building ~~Service~~ Standard Hours shall be furnished by ~~paying Landlord~~way of overtime heating and air conditioning. In accordance with, and subject to, the terms and provisions set forth below in this Section 4.1, Tenant must notify Landlord at least twenty-four (24) hours in advance of Tenant’s ~~then standard charge~~ need for ~~additional HVAC service~~ overtime heating and ~~providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change~~ air conditioning and Tenant shall bear the entire cost thereof at the rate established by Landlord from time to ~~time)~~time (currently, Fifty and No/100 Dollars (ii$50.00) ~~if Tenant is permitted to connect~~ per hour per half-floor) and will be billed monthly by Landlord. Landlord shall provide routine maintenance, painting and electric lighting service for all Common Areas and for any ~~supplemental HVAC units~~ special service areas of the Property (as designated by Landlord) in the manner and to the ~~Building’s condenser water loop or chilled water line~~extent deemed by Landlord to be standard. Landlord may, ~~such permission shall be conditioned upon~~ in its sole discretion, provide additional services not enumerated herein. Failure by Landlord ~~having adequate excess capacity from time~~ to ~~time and such connection and use shall be subject~~ any extent to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective provide these defined services or ~~monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such~~ any other services not enumerated, or any cessation thereof, shall not render Landlord liable in any respect for damages to either person or property, be construed as ~~Landlord reasonably determines are necessary~~ an eviction of Tenant, work as an abatement of Rent or ~~appropriate for the Property. If Landlord, at Tenant’s request, provides~~ relieve Tenant from fulfillment of any ~~services which are not Landlord’s express~~ covenant or obligation under this Lease. If any of the equipment or machinery which is useful or necessary for provision of utility services, ~~including~~and for which Landlord is responsible, ~~without limitation~~breaks down or for any cause ceases to function properly, ~~any repairs which are Tenant’s responsibility pursuant~~ Landlord shall use reasonable diligence to ~~Section 9 below~~repair the same promptly, but Tenant shall ~~pay Landlord,~~ have no claim for abatement of Rent or offset or damages on account of any interruption in service occasioned from such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunderrepairs. Landlord ~~shall have~~ reserves the right from time to time to ~~reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases~~ make changes in the ~~cost of electricity (and/or the generation thereof)~~ utilities and services provided by Landlord to ~~Landlord in connection with~~ the Property ~~with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six~~ (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(sLeased Premises). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 2 contracts

Samples: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

Building Services. ~~7.01~~ (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 9 a.m. to 1:00 p.m. ("Business Hours"), furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of Premises Rentable Area and an electrical load not exceeding 8.0 wattx xxx square foot of Premises Rentable Area. Such systems shall be designed to meet the specifications set forth in EXHIBIT L hereto. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified ("Overtime Service"), Landlord shall furnish such Overtime Service and Tenant shall pay therefor such charges as may from time to time be in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the ~~following services:~~ system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. (ab) Landlord shall also provide: (i) Passenger elevator service in common with Landlord and other tenants in the Building. (ii) Warm water for lavatory purposes and cold water (at temperatures supplied by the municipality in which the Building is located) for drinking, lavatory and cleaning purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes, Landlord may assess a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant's water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as Additional Rent. (iii) Cleaning and janitorial services to the Premises on Business Days, provided the same are kept in order by Tenant, substantially in accordance with the cleaning standards for the Building described in EXHIBIT K hereto. (iv) Free access to the Premises on Business Days during Business Hours, and at all other times via a card key access system, subject to security precautions from time to time in effect, and subject always to restrictions based on emergency conditions. Landlord shall cooperate with Tenant, at Tenant's sole cost, to coordinate acceptable systems for security at Tenant's Premises which are compatible with Landlord's existing security systems. (v) Snow and ice removal to the walks, driveways and parking areas which Tenant is entitled to use under this Lease, and landscaping of surrounding grounds. (vi) Within sixty (60) days of the Commencement Date, a food service facility at the Building, to be operated by a third party vendor, which will offer at the breakfast and lunch hours on Business Days, a reasonable range of hot and cold ~~water~~ food selections for ~~use in~~ purchase by Tenant, its employees and invitees. (vii) Within sixty (60) days of the ~~Base Building lavatories~~ Commencement Date, and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to ~~change by Landlord~~ security precautions from time to time in effect, to restrictions based on emergency conditions and to reasonable rules and regulations in effect from time to time), free access to (a) the health and fitness facility and showers and locker rooms attendant thereto via a card key access system, and (b) the shared-use conference center on Business Days and during Business Hours, but subject to reservation availability. Landlord reserves the right to charge a reasonable fee for the Tenant's use of the shared-use conference center. (viii) Routine operation and maintenance of the walks, driveways and parking areas which Tenant is entitled to use under the Lease and reasonably appropriate lighting of the parking areas. (c) Landlord or Agent may from time to time, but shall not be obligated to, provide one or more uniformed attendants in or about the lobby of the Building. Unless Landlord expressly agrees otherwise in writing, such attendant(s) shall serve functions such as assisting visitors and invitees of tenants and others in the Building, monitoring fire control and alarm equipment, and summoning emergency services to the Building as and when needed. Tenant expressly acknowledges and agrees that: (i) such attendants shall not serve as police officers, and will be unarmed, and will not be trained in situations involving potentially physical confrontation; and (ii) if ~~Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line~~provided, such ~~permission shall~~ attendants will be ~~conditioned upon Landlord having adequate excess capacity from time~~ provided solely as an amenity to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to tenants of the Building for ~~Tenant~~ the sole purposes set forth above, and ~~its employees 24 hours per day/7 days per week~~not for the purpose of securing any individual tenant premises or guaranteeing the physical safety of Tenant's Premises or of Tenant's employees, ~~subject~~ agents, contractors or invitees. If and to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject extent that Tenant desires to ~~Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate~~ provide security for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowPremises or for such persons or their property, Tenant shall ~~pay~~ be responsible for so doing, after having first consulted with Landlord and after obtaining Landlord's consent, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, which shall not be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunderunreasonably withheld. Landlord ~~shall have~~ expressly disclaims any and all responsibility and/or liability for the ~~right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases~~ physical safety of Tenant's property, and for that of Tenant's employees, agents, contractors and invitees, and, without in any way limiting the ~~cost~~ operation of ~~electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord~~Article 10 hereof, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for ~~the cost~~ itself and its agents, contractors, invitees and employees, hereby expressly waives any claim, action, cause of ~~purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish,~~ action or ~~any interruption, diminishment~~ other right which may accrue or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely arise as a result of ~~the failure of~~ any ~~Essential Service (as defined below) due to Landlord’s negligence~~ damage or ~~willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion~~ injury to the ~~portion~~ person or property of ~~the Premises rendered Untenantable until the date on which~~ Tenant or any such ~~Untenantability is cured~~agent, ~~provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity~~invitee, ~~within such five (5) Business Day period~~contractor or employee, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately except to the extent that the same arises from the negligent act or omission of Landlord or its agents, employees or contractors. Tenant agrees that, as between Landlord and Tenant, it is Tenant's responsibility to advise its employees, agents, contractors and invitees as to necessary ~~to avoid such result~~and appropriate safety precautions.

Appears in 2 contracts

Samples: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Zillow Inc)

Building Services. ~~7.01~~ As long as Tenant is not in monetary default under this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes; (b) customary heat and~~ Premises. Landlord may make available to Tenant heating, ventilation or air conditioning in ~~season during Building Service Hours (, although (i) Tenant~~ excess of that which Landlord shall ~~have the right~~ be required to ~~receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ provide hereunder upon such ~~prior notice~~ conditions as ~~is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change~~ shall be determined by Landlord from time to time. Landlord's fee for any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article IV. (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenant's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current of not less than 3.5 xxxxx per square foot for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord's consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant's payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord~~’s failure~~ 's consent may be conditioned upon Tenant's requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure (defined in~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.01 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable upon demand by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 2 contracts

Samples: Commercial Lease (Powersource Corp), Commercial Lease (Powersource Corp)

Building Services. ~~7.01~~ 7.01. Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories and drinking purposes~~lavatories; (b) customary heat and air conditioning in season during Building Service ~~Hours (~~Hours, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by ~~Landlord (~~Landlord~~’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time)~~, and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an a reasonable administrative ~~charge of ten percent (10%), the same to constitute Additional Rent hereunder~~charge. ~~7.02~~ 7.02. Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant by a ~~separate, flat-rate~~ separate charge ~~(except the same may be increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard ~~usage of six (6) xxxxx~~ usage, per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. For purposes hereof, the Building “electrical standard” is 4.5 xxxxx per usable square foot of connected load to the Premises, exclusive of base Building HVAC. As of the date hereof, Landlord’s annual charge for electricity is estimated to be $1.50 per rentable square foot, subject to change from time to time, payable on a monthly basis. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). ~~7.03~~ 7.03. Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~However, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable (as defined below) solely~~ Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the ~~failure~~ control of ~~any Essential Service (as defined below) due~~ Landlord to ~~Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period~~correct, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered ~~Untenantable until~~ untenantable by the ~~date on which such Untenantability is cured~~Service Failure, ~~provided that such~~ the amount of abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultequitably prorated.

Appears in 2 contracts

Samples: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following ~~services:~~ services (the costs of which shall be included in Expenses, except for such costs that are separately metered or check metered for the Premises, all of which separately metered or check metered costs shall be paid by Tenant as provided below): (a) reasonable quantities of hot and cold water for use in the Base Building ~~lavatories~~ restrooms and ~~drinking purposes~~reasonable quantities of cold water for use in the Premises (provided that Landlord shall deliver the Premises in the baseline condition described in Exhibit J attached hereto and with the Base Building Work substantially complete in accordance with the terms and provisions of this Lease); (b) Base Building gas and customary heat and air conditioning in season during the Building Service Hours (at such temperatures and in such amounts that are standard in comparable buildings in the Greater Boston area for laboratory, ~~although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service~~ R&D and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlordoffice space; (c) standard janitorial service for the Common Areas nightly on Business ~~Days~~Days (it being acknowledged and agreed that Tenant shall be solely responsible for all cleaning and janitorial services for the Premises per Section 9.01 of this Lease) and the provision of a dumpster at the Building, for the non-exclusive use by Tenant and other Building occupants for disposal of ordinary trash (i.e., non-organic and non-controlled substances that do not constitute Hazardous Materials) (the “Ordinary Trash Dumpster”); (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such reasonable protective services or monitoring systems, if any, as Landlord may from time to time reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If To the extent that any of the foregoing utility services for the Premises are separately metered, Tenant shall timely pay the separate charges for such services directly to the applicable utility company. To the extent that any of the foregoing utility services for the Premises (including, without limitation, air handling units or other HVAC equipment serving the Premises) or any other equipment serving the Premises, whether exclusively or in common, is not metered directly by the utility company to the Premises, Tenant shall pay to Landlord, as Additional Rent, the costs of such utility service (without xxxx-up) by a separate charge payable by Tenant to Landlord based on evidence from the check-meters installed for the Premises or equipment serving the Premises or, for any portion of the Premises or equipment that from time to time does not have operational check-meters, based on reasonable allocations prepared by Landlord’s building engineer for the space and period in question. As part of the Landlord’s performance of the Initial Tenant Work, Landlord shall, at Landlord’s sole cost and expense, install check meters for the Premises for (i) gas, (ii) chilled water and hot water for HVAC service and (iii) as provided in Section 7.02, for electricity. Landlord shall xxxx Tenant monthly for such utility charges based on actual check-meter readings and utility rates for the space and period in question, and Tenant shall pay such charges to Landlord within thirty (30) days after receipt of each invoice. If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services ~~which~~ that are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to the applicable service provider the cost of ~~providing~~ such ~~service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by~~ services. Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to ~~measure electrical usage~~ use the loading dock for Building (including during Tenant’s initial move in to the Premises) on a non- discriminatory basis, subject to any reasonable rules and regulations promulgated by ~~commonly accepted methods~~Landlord from time to time with respect to such use, including ~~the installation of measuring devices such as submeters and check meters~~without limitation, any scheduling protocols. ~~If it is determined~~ Landlord currently does not charge tenants a fee for loading dock usage; however, if Landlord determines that Tenant is using ~~electricity~~ the loading dock in a manner that violates Landlord’s rules, regulations and protocols, then Landlord reserves the right to employ security detail for any such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, use by Tenant and Tenant shall pay ~~Landlord Additional Rent for~~ the actual cost charged by such security vendor from time to time, plus an administrative charge in the amount of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five twenty percent (2520%) of ~~the Base Rent payable for~~ such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultcost.

Appears in 2 contracts

Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)

Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building lavatories, and for any fixtures which would normally be found in a general office space for use of all employees therein (for example, without limitation, drinking fountains and fixtures and equipment that may be found in a kitchenette breakroom area, such as a sink, icemaker, dishwasher, and water lines to a refrigerator; collectively, the “Breakroom Fixtures”). Even though same may be located in the Premises, Landlord agrees to be responsible for the maintenance and repair of any fixtures and water lines serving the lavatories on each floor on which the Premises are located, except to the extent caused by any misuse or vandalism of Tenant, its employees, contractors or any other parties in the Premises at the invitation of Tenant. However, Tenant shall be responsible, at Tenant’s cost, for the repair and ~~drinking purposes~~maintenance of the water line(s) and fixtures within the Premises relating to any Breakroom Fixtures; (b) customary heat and air conditioning in season during Building Service ~~Hours (, although (i)~~ Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) ~~unattended~~ Elevator service, provided that Landlord shall lock off elevator ~~service~~access to the fourth through seventh floors of the Building so long as the same are unoccupied; (e) ~~electricity~~ Electricity in accordance with the terms and conditions in Section 7.02; and (f) ~~access to~~ a permanent security desk in the ~~Building for Tenant and its employees 24 hours per day/7 days per week~~lobby of the Building, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a ~~separate, flat-rate~~ separate charge ~~(except the same may be increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to ~~Landlord monthly with Rent, initially estimated~~ Landlord; or (at c) by separate charge billed by the ~~rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum),~~ applicable utility company and payable ~~as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable~~ directly by ~~Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord~~Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not ~~exceed~~ exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. For purposes hereof, such standard for the Building ~~standard usage~~ is: (i) a design load of ~~six (6)~~ 1.6 xxxxx per square ~~foot~~foot of net usable floor area for all building standard overhead lighting located within the Premises which requires a voltage of 480/277 volts; and (ii) a connected load of 5 xxxxx per square foot of net usable area for all equipment located and operated within the Premises which requires a voltage of 120/208 volts single phase or less, ~~as reasonably determined by Landlord, based upon~~ it being understood that electricity required to operate the ~~Building standard electrical design load~~base building HVAC system is not included within or deducted from such 5 xxxxx per square foot described in this subsection. Landlord shall have the right to measure electrical usage by commonly accepted methods~~, including the installation of measuring devices such as submeters and check meters~~. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Buildingexcess electricity, Tenant shall pay Landlord ~~Additional Rent~~ for the cost of such excess electrical usage ~~and, if applicable, for the cost of purchasing and installing the measuring device(s)~~as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~However, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable (as defined below) solely~~ Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the ~~failure~~ control of ~~any Essential Service (as defined below) due~~ Landlord to ~~Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period~~correct, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire {QuinStreet, Inc. -6-00004264.} May 30, 2003 Matter ID Number: 7329 Premises have not been rendered ~~Untenantable until~~ untenantable by the ~~date on which such Untenantability is cured~~Service Failure, ~~provided that such~~ the amount of abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultequitably prorated.

Appears in 2 contracts

Samples: Office Lease Agreement (Quinstreet, Inc), Office Lease Agreement (Quinstreet, Inc)

Building Services. ~~7.01~~ a. Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. (except on Saturdays only from 8:00 a.m. to 1:00 p.m.) (“Normal Business Hours”), furnish heating and cooling as normal seasonal changes and the Massachusetts State Building Code may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person physically located in the Premises at any time per 150 square feet of Premises Rentable Area and an electrical load not exceeding approximately twelve (12) xxxxx per square foot of Premises Rentable Area. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord shall furnish ~~Tenant with the following services: (a) hot~~ such service and ~~cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i)~~ Tenant shall ~~have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ pay therefor such ~~prior notice~~ charges as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity may from time to time ~~and such connection and use shall~~ be ~~subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have~~ in effect. In the ~~right to charge~~ event Tenant ~~a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity~~ introduces into the Premises personnel or equipment which exceeds the standards set forth above or in ~~accordance~~ any other way interferes with the ~~terms and conditions in Section 7.02; (f) access~~ Building system’s ability to ~~the Building for Tenant and~~ perform adequately its ~~employees 24 hours per day/7 days per week~~proper functions, ~~subject to the terms of this Lease and such protective services or monitoring systems~~supplementary systems may, if ~~any,~~ and as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shallneeded, at Landlord’s option, be ~~paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter~~ provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, ~~based upon~~ at Tenant’s expense. Except in the ~~Building standard electrical design load.~~ case of emergency or a scheduled closing of the Building, Landlord shall ~~have~~ provide to Tenant (subject to reasonable security procedures which may be imposed by Landlord) access to the ~~right to measure electrical usage~~ Building, an elevator and the loading dock twenty-four hours per day, seven (7) days per week. b. Landlord shall also provide: i. Hot water for lavatory purposes and cold water (at temperatures supplied by ~~commonly accepted methods~~the Town of Xxxxxxx) for drinking, ~~including the installation of measuring devices such as submeters~~ lavatory, and ~~check meters~~toilet purposes. If ~~it is determined that~~ Tenant ~~is using electricity~~ uses water for any purpose other than as set forth in ~~such quantities~~ the preceding sentence, Landlord may assess a reasonable charge for the additional water so used, or ~~during such periods as to cause the total cost of~~ install a water meter and thereby measure Tenant’s ~~electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard~~ water consumption for all purposes. In the ~~Building~~latter event, Tenant shall pay ~~Landlord Additional Rent for~~ the cost of ~~such excess electrical usage and, if applicable, for~~ the meter and the cost of ~~purchasing~~ installation thereof and ~~installing~~ shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the ~~measuring device(s)~~sewer charge based on such meter changes, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge hereunder. All piping and other equipment and facilities required for use of water outside the Building core will be installed and maintained by Landlord at Tenant’s sole cost and expense. ~~7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of~~ ii. Cleaning and janitorial services ~~due~~ to the ~~application~~ Premises, provided the same are kept in order by Tenant, in accordance with the cleaning standards set forth in Exhibit E attached hereto. iii. Except in the case of ~~Laws, the failure of any equipment, the performance of~~ scheduled maintenance, ~~repairs~~emergencies and scheduled Building closings, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant passenger elevator service from the ~~obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion~~ existing passenger elevator system in common with Landlord and other tenants of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder Building shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed available twenty-~~five percent~~ four (~~25%~~24) ~~of the Base Rent payable for such calendar month~~hours a day, ~~provided that any amount not permitted to be taken as an abatement as~~ seven (7) days a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultweek.

Appears in 1 contract

Samples: Lease Agreement (TechTarget Inc)

Appears in 1 contract

Samples: Office Lease Agreement (Information Services Group Inc.)

Building Services. ~~7.01~~ a. Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. (except on Saturdays only from 9:00 a.m. to 1:00 p.m.), furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of Usable Floor Area and an electrical load not exceeding 3.0 wattx xxx square foot of Usable Floor Area. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord shall furnish ~~Tenant with the following services: (a) hot~~ such service and ~~cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i)~~ Tenant shall ~~have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ pay therefor such ~~prior notice~~ charges as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity may from time to time be in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and ~~such connection and use shall~~ as needed, at Landlord's option, be ~~subject to Landlord’s reasonable approval and reasonable restrictions imposed~~ provided by Landlord, ~~and~~ at Tenant's expense. b. Landlord shall ~~have~~ also provide: i. Hot water for lavatory purposes and cold water (at temperatures supplied by the ~~right~~ City of Quincy) for drinking, lavatory and toilet purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes, Landlord may asses a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant's water consumption for all purposes. In the latter event, Landlord shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to ~~charge Tenant a connection fee and/or a monthly usage fee~~pay for water consumed, as ~~reasonably determined~~ shown on such meter, together with the sewer charge based on such meter changes, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. All piping and other equipment and facilities required for use of water outside the Building core will be installed and maintained by ~~Landlord; (c) standard~~ Landlord at Tenant's sole cost and expense. ii. Cleaning and janitorial ~~service on Business Days; (d) unattended elevator service; (e) electricity~~ services to the Premises, provided the same are kept in order by Tenant, in accordance with the ~~terms and conditions~~ cleaning standards set forth in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunderSchedule CS attached hereto. ~~7.02 Electricity used by Tenant~~ iii. Passenger elevator service from the existing passenger elevator system in ~~the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to~~ common with Landlord ~~monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot~~ and other tenants of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building~~, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)~~. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Lease Agreement (Atlantic Data Services Inc)

Appears in 1 contract

Samples: Office Lease Agreement (Third Harmonic Bio, Inc.)

Building Services. ~~7.01~~ Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water for use~~ other tenants and occupants and their agents and invitees. At least one elevator shall be in service at all times and the ~~Base Building lavatories~~ freight elevator shall be available to Tenant on prior notice, subject to Landlord's scheduling requirements. (B) During Business Hours, air conditioning, heating and ~~drinking purposes; (b) customary heat and~~ ventilation meeting the specifications set forth on Exhibit H. Landlord may make available to Tenant heating, ventilation or air conditioning in ~~season during Building Service Hours (, although (i) Tenant~~ excess of that which Landlord shall ~~have the right~~ be required to ~~receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ provide hereunder upon such ~~prior notice~~ conditions as ~~is reasonably specified~~ shall be determined by Landlord from time to time. Landlord's fee for 6 any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time (~~Landlord’s current charge for afterhours HVAC~~ such fee is currently $60 40 per hour, subject to change ~~by Landlord~~ from time to time); will be separate from and in addition to the Operating Expenses Adjustment provide in Article IV. (C) Water for drinking and rest room purposes. (D) Janitorial and cleaning services as specified on Exhibit I (subject to reasonable change, from time to time), provided that the Premises are used exclusively for office purposes and ~~(ii) if Tenant is permitted to connect any supplemental HVAC units~~ are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the ~~Building’s condenser water loop or chilled water line, such permission shall be conditioned upon~~ satisfaction of Landlord ~~having adequate excess capacity from time to time~~ and ~~such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed~~ by ~~Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined~~ persons approved by Landlord; ~~(c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity~~ and, in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowall events, Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to Landlord the cost of ~~providing~~ removal of Tenants refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) Electricity shall not be furnished by Landlord but shall be furnished by the approved electric utility company serving the area. Landlord shall permit Tenant to receive such service ~~plus an administrative charge~~ direct from such utility company at Tenant's cost and shall permit Landlord's wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. Tenant shall make all necessary arrangements with the utility company for paying for electric current furnished by it to Tenant, and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant's occupancy thereof. The Leased Premises are already separately metered. The electricity used during the performance of ~~ten percent (10%)~~janitor service, the ~~same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant~~ making of alterations or repairs in the ~~Premises shall~~Premises, and for the operation of the Building's air conditioning system at ~~Landlord’s option~~times other than as provided in paragraph (B) hereof, or the operation of any special air conditioning systems which may be required for data processing equipment or for other special equipment or machinery installed by Tenant, shall by paid for by ~~Tenant by a separate~~Tenant, ~~flat-rate charge (except the same may~~ as additional Rent. Any such additional Rent shall be ~~increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within ~~such~~ five (5) ~~Business Day period~~days after Tenant receives an invoice therefor from Landlord. Tenant shall make no alterations or additions to the electric equipment or appliances without the prior written consent of Landlord in each instance unreasonably withheld, conditioned or delayed. Tenant also agrees to ~~cure same~~install in the Premises only Landlord's approved brands and models of lamps, bulbs, ballasts and starters. ~~The rate~~ Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installed thereon. Any amounts which ~~Base Rent or Additional Rent may be abated under~~ Tenant is required to pay to Landlord pursuant to this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap 7.01 shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultpayable upon demand by Landlord and shall constitute additional rent.

Appears in 1 contract

Samples: Office Lease (Kanbay International Inc)

Building Services. ~~7.01~~ Provided that Tenant is not in default hereunder, and subject to any governmental regulation, which may be in effect from time to time during the Lease Term, Landlord agrees, during the Lease Term, to furnish Building Services to the Premises during the Building Hours set forth in the Rules and Regulations. As used herein, “Building Services” shall ~~furnish Tenant with the following services~~include: ~~(a) hot~~ reasonable quantities of electric current for normal lighting and ~~cold~~ fractional horsepower office machines; water for ~~use in the Base Building lavatories~~ lavatory and drinking purposes; ~~(b) customary heat~~ heating, ventilating and air conditioning required, in ~~season during Building Service Hours~~ Landlord’s judgment, for the comfortable use and occupancy of the Premises; janitorial service (including washing of windows with reasonable frequency as determined by Landlord); elevator service by non-attended automatic elevators; and a security service or security system. In no event shall Landlord, ~~although~~ or its agents, employees or consultants (icollectively, “Landlord Parties”) be liable for the quality of such security service or security system nor shall Landlord or Landlord Parties be liable for damage or injury to Tenant, its employees, invitees or others due to the failure, action or inaction of such security service or security system or the negligence of Landlord or Landlord Parties with respect to such service or system. Further, Tenant shall waive any right it might have to damages, or to abatement or reduction of the Rent, or to terminate this Lease due to the failure, action or inaction for any reason, of any security device or security system in the Building. In addition, neither Landlord nor Landlord Parties shall be liable for, and Tenant shall not be entitled to any recovery of damages, abatement (except as expressly provided herein) or reduction of Rent, or to terminate this Lease by reason of, Landlord’s failure to furnish the Building Services if such failure is caused by accident, breakage, repairs, governmental regulations or mandates, strikes, lockouts or other labor disputes, or for any other causes; provided, however, in the event that Landlord’s failure to furnish the Building Services is a result of the gross negligence or willful misconduct of Landlord or Landlord Parties and such failure persists for more than ten (10) consecutive days, then Tenant shall thereafter be entitled to a day-for-day abatement in Rent until Building Services are restored to their level(s) prior to the failure. Furthermore, neither Landlord nor any of Landlord Parties shall be liable for, and Tenant shall not be entitled to recovery of damages, abatement or reduction of Rent, or to terminate this Lease as the result of any electrical power fluctuation resulting from any cause whatsoever, nor for the temporary cessation of Building Services required in connection with the performance of repairs and maintenance of the Building nor from any other cause. If Tenant requires or utilizes more water or electric power than is considered reasonable or normal by Landlord, Tenant shall pay for the cost of such excess usage (“Excess”), as Additional Rent, upon demand therefor by Landlord. Landlord hereby reserves the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (iiinstall separate meter(s) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the ~~Property. If Landlord~~Premises, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowsole expense. In such event, Tenant shall thereafter pay ~~Landlord,~~ all charges for Excess utility(ies) so metered. In the event that Tenant desires any service in amounts exceeding the Building Services described in this Article 8 as determined by Landlord or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the ~~Premises shall, at Landlord’s option, be paid for by~~ event Tenant ~~by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant~~ desires any service not common to ~~Landlord monthly with Rent, initially estimated (at the rate~~ other tenants of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord ~~Additional Rent for~~ the cost of providing such ~~excess electrical usage and~~additional services, ~~if applicable~~plus a reasonable administrative fee. Tenant shall pay on demand as Additional Rent all payments contemplated under this Article 8 to Landlord. In no event, however, shall Tenant use in the Premises any heat-generating machines or any equipment non-standard for the ~~cost of purchasing and installing~~ Building which may affect the ~~measuring device(s). 7.03 Landlord’s failure to furnish,~~ temperature otherwise maintained by the air conditioning system or ~~any interruption, diminishment or termination of services due to~~ increase the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of water normally furnished for the Premises ~~is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to~~ by Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Lease Agreement (Rentech Inc /Co/)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories and drinking purposes~~restrooms; (b) customary heat and air conditioning in season during Building Service ~~Hours~~ Hours; (c) standard janitorial service for the office portions of the Premises on Business Days (it being acknowledged and agreed that Tenant shall be solely responsible for all cleaning with respect to the Lab Space as provided in Section 9.01); (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, ~~although~~ subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (ig) such other services as Landlord reasonably determines are necessary or appropriate for the Property. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by ~~Landlord (~~Landlord. As of the Effective Date, Landlord’s ~~current~~ standard charge for ~~afterhours~~ additional HVAC service is $60 64.00 per ~~hour, subject to change by Landlord from time to time~~hour during warm weather months (generally commencing as of June 1st) and $47.00 per hour during cold weather months (generally commencing as of October 1st )~~, and (ii) if~~ . If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord~~; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access~~ . Notwithstanding anything to the ~~Building~~ contrary, Xxxxxxxx agrees that, throughout the Term of this Lease, 20 tons of condenser water will be available for the 16th Floor Premises and 5 tons of condenser water will be available for the 17th Floor Premises, provided that Tenant will be responsible, at Tenant’s sole cost and ~~its employees 24 hours per day/7 days per week~~expense, ~~subject~~ for the installation, operation and maintenance of any condenser water pump(s) to the ~~terms of this Lease and~~ extent Tenant determines such ~~protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g~~pump(s) ~~subject to Section 26.10, such other services as Landlord reasonably determines~~ are necessary ~~or appropriate for the Property~~to maintain flow requirements. ~~If Landlord~~If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services ~~which~~ that are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to the ~~cost of providing such~~ applicable service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for provider the cost of such ~~excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)~~services plus a reasonable administrative charge. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Building Services. ~~7.01~~ Landlord shall ~~furnish~~ provide (subject to Tenant’s payment of utility charges): 1. Maintenance of air condition, ventilation and heating through the systems of the Premises. 2. Electric current for lighting and for standard office machines and equipment and other appliances which operate on standard 110 volt power and Landlord shall replace light globes and/or fluorescent tubes and ballasts in the common areas. Tenant ~~with~~ shall be responsible for light bulbs/ fluorescent tubes in the ~~following services:~~ Premises only. 3. Window cleaning of both the inside and outside panes two (a2) ~~hot~~ times per calendar year. 4. Maintenance of common areas including but not limited to snow removal and landscaping. 5. Continuous elevator service. 6. Maintenance and service of any public restrooms in the Building excluding those in Tenant’s space or for Tenant’s exclusive use. Tenant agrees to supply and pay for all paper products. 7. Hot and cold water for ~~use in the Base Building lavatories~~ restroom and ~~drinking purposes; (b) customary heat~~ kitchen facilities and ~~air conditioning in season during Building Service Hours (, although (i)~~ cold water for drinking. 8. Tenant shall have the right to ~~receive HVAC service during hours other than~~ install signage on the Building ~~Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord~~ that amounts to fifty three percent (~~Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii~~53%) ~~if Tenant is~~ of the allowable signage permitted ~~to connect any supplemental HVAC units to~~ on the Building~~’s condenser water loop or chilled water line, such permission~~ . Tenant shall be ~~conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be~~ responsible for its signage subject to Landlord’s ~~reasonable~~ approval, such approval ~~and reasonable restrictions imposed by Landlord~~not to be unreasonably withheld, delayed or conditioned. Signage shall include Tenant listing on the main building directory, if any, and a building standard nameplate on the exterior wall next to the entrance to the Premises. 9. Tenant shall be provided with security cards to the Premises for employees as required. Ten (10) security keys will be provided for the Premises. Additional keys shall be furnished at a cost of $10.00 each. Any keys which are returned to the Landlord shall ~~have~~ receive a credit of $10.00 per key. Any lost or stolen security cards shall be immediately reported to the Building management. Replacement of any lost or stolen security cards will be at a cost of $10.00 each. Landlord reserves the right to ~~charge Tenant~~ change security procedures for the Building as necessary. 10. Landlord may install a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) Building security system which controls access to the Building ~~for Tenant~~ and ~~its employees 24 hours per day/7 days per week, subject~~ to the ~~terms~~ Premises. Tenant shall be responsible for charges relating to modification of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate the security for the ~~Property~~Leased Premises. ~~If Landlord, at~~ Upon Tenant’s request, ~~provides any~~ Landlord shall provide Tenant with reports regarding access to the Premises. 11. Landlord does not warrant that the utilities or services ~~which are not Landlord’s express obligation under~~ provided by this ~~Lease~~Article shall be free from slow-down, ~~including, without limitation, any repairs which are Tenant’s responsibility~~ interruption or stoppage pursuant to ~~Section 9 below~~voluntary agreement by and between Landlord and governmental bodies and regulatory agencies, ~~Tenant shall pay Landlord~~caused by the maintenance, repair, substitution, renewal, replacement or ~~such other party designated by Landlord,~~ improvements of any of the ~~cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant~~ equipment involved in the ~~Premises shall~~furnishing of any such utilities or services or caused by strikes, ~~at Landlord’s option~~lockouts, ~~be paid for by Tenant by a separate~~labor controversies, ~~flat-rate charge (except~~ fuel shortages, accidents, acts of God or the ~~same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at~~ elements or any other cause beyond the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent reasonable control of Landlord, ~~Tenant’s use of electrical service shall not exceed~~ except caused by the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct of Landlord; and ~~Tenant does not use~~ specifically, no such slow down, interruption or ~~occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder~~ stoppage of any of such services shall be ~~abated in proportion to the portion~~ construed as an eviction, actual or constructive, of ~~the Premises rendered Untenantable until the date on which such Untenantability is cured~~Tenant, ~~provided that such~~ nor shall same cause any abatement ~~shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord~~ of ~~the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which~~ Base Rent or ~~Additional Rent may be abated under this Section 7.03~~ additional rent payable hereunder or in any ~~one calendar month~~ manner or for any purpose relieve Tenant from any of Tenant’s obligations hereunder, and in no event shall ~~not exceed twenty-five percent (25%) of the Base Rent payable~~ Landlord be liable for ~~such calendar month, provided that any amount not permitted~~ damages to persons or property or be ~~taken as an abatement~~ in default hereunder as a result of such ~~monthly cap shall be credited against~~ interruption or stoppage. The foregoing to the ~~Base Rent or Additional Rent next thereafter due under this Lease~~contrary notwithstanding, ~~subject to such monthly cap. In~~ in the event ~~that~~ of a substantial interruption or stoppage of utilities or services for a period which exceeds three (3) consecutive business days, rent shall xxxxx commencing on the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased fourth (4th) consecutive day proportionately to the extent ~~necessary~~ of such interruption or stoppage. 12. Landlord shall provide a dumpster at Landlord’s cost for Tenant to ~~avoid such result~~dispose of normal everyday trash removal for a office and medical laboratory use.

Appears in 1 contract

Samples: Lease Agreement (Pdi Inc)

Building Services. ~~7.01~~ 5.1 Provided an Event of Default has not occurred or has occurred but is not continuing hereunder, Landlord shall furnish ~~Tenant with~~ to Tenant, except as noted below, the following ~~services:~~ building services to the extent reasonably necessary for Tenant's comfortable use and occupancy of the Leased Premises for general office use or as may be required by Law or directed by governmental authority: (a) ~~hot~~ Heating, ventilation and ~~cold water~~ air-conditioning twenty four (24) hours a day, seven (7) days a week, provided that such service shall not be provided for ~~use~~ the twenty four (24) hours constituting New Years Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, the Friday immediately following Thanksgiving Day, Christmas Eve and Christmas Day or for any other time period requested in writing by Tenant as long as such other time period does not result in such services not being provided during the ~~Base Building lavatories and drinking purposes;~~ Minimum Usage Hours. (b) ~~customary heat and air conditioning~~ Electric service in season during Building Service Hours (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units an amount at least equal to the ~~Building’s condenser water loop or chilled water line~~Permitted Capacity. (c) Water and sewer. (d) Elevator service. (e) Cleaning and janitorial service on each Business Day. (f) Washing of windows at intervals reasonably established by Landlord, ~~such permission shall be conditioned upon Landlord having adequate excess capacity~~ but not less than two (2) times per year. (g) Replacement of all lamps, bulbs, starters and ballasts as required from time to time as a result of normal usage, within two (2) days notice from Tenant. (h) Cleaning and ~~such connection~~ maintenance of the Common Areas, including the removal of rubbish and ~~use shall be subject~~ snow. (i) Repair and maintenance to ~~Landlord’s reasonable approval and reasonable restrictions imposed~~ the extent specified elsewhere in this Lease. 5.2 If Tenant requests any other building services in addition to those identified above or any of the above building services in frequency, scope, quality or quantity substantially greater than those that are required by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity other tenants in ~~accordance with the terms and conditions in Section 7.02; (f) access to~~ the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlordgeneral office use, the ~~cost of providing~~ Landlord shall use reasonable efforts to attempt to furnish Tenant with such ~~service plus an administrative charge of ten percent (10%)~~additional building services. In the event Landlord is able to and does furnish additional building services, the ~~same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option,~~ direct cost thereof shall be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, ~~based upon the Building standard electrical design load.~~ exercising its reasonable business judgment, and shall be borne by Tenant, who shall reimburse Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard monthly for the ~~Building, Tenant shall pay Landlord~~ same as Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy at the same ~~during said period, then Tenant’s obligation pay~~ time Base Rent ~~and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability~~ is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultdue.

Appears in 1 contract

Samples: Lease Agreement (PMT Services Inc /Tn/)

Building Services. ~~7.01~~ 4.4.1 Landlord shall ~~furnish Tenant with~~ use all commercially reasonable efforts to provide the following ~~services:~~ services and facilities to the Premises: (a) ~~hot and cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat~~ Heating, ventilating and air conditioning ~~in season~~ during ~~Building Service~~ Business Hours (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to ~~change by Landlord~~ such regulations as the Department of Energy or other Governmental Agency shall adopt from time to time), . Tenant agrees to cooperate fully with Landlord and to abide by all the rules and regulations which Landlord may reasonably prescribe (~~ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission~~ which rules and regulations shall be ~~conditioned~~ uniformly prescribed and applied) for the proper functioning and protection of the heating, ventilating and air conditioning systems. If Tenant requires heating, ventilation and air conditioning service at times other than Business Hours, Landlord shall use diligent efforts to supply the same upon ~~Landlord having adequate excess capacity~~ reasonable prior notice, to be paid for by Tenant, within ten (10) calendar days of billing, at a rate to be determined from time to time ~~and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed~~ by Landlord, which rate shall equal Landlord's reasonably estimated actual cost for such service, which the parties acknowledge is currently equal to, and ~~Landlord~~ shall ~~have~~ not in any event exceed, $75.00 per hour. (b) Subject to payment of the ~~right to charge Tenant a connection fee and/or a monthly usage fee~~charges therefor by Tenant, ~~as reasonably determined by Landlord;~~ electricity for normal office use, including normal office equipment, in the Premises. (c) ~~standard janitorial service on Business Days;~~ Cleaning and maintenance of common areas in the Building in a manner consistent with first class buildings in northern Lake County, (d) ~~unattended~~ Continuous passenger elevator ~~service;~~ service during Business Hours, and service via at least one (1) elevator car at all other times, 24 hours per day, each day of the Year. (e) ~~electricity~~ Janitorial services, including cleaning of the Premises, in accordance with Exhibit E and consistent with first class buildings in northern Lake County. Landlord shall furnish cleaning services to kitchens, lunchrooms and non-Building standard lavatories in the ~~terms~~ Premises; provided that Landlord shall not be required to provide cleaning services to any personal items comprising such kitchens, lunchrooms, and ~~conditions in Section 7.02;~~ non-Building standard lavatories, including without limitation, washing dishes, stacking chairs, replacing accouterments, etc. (f) ~~access to the Building~~ Water for ~~Tenant~~ lavatory and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, drinking purposes. 4.4.2 Tenant shall ~~pay Landlord, or such other party designated~~ reimburse Landlord for any and all additional cleaning expenses incurred by Landlord, including garbage and trash removal expenses over and above the ~~cost~~ normal cleaning provided by Landlord or due to the presence of ~~providing such service plus an administrative charge of ten percent (10%),~~ a lunchroom or kitchen or food or beverage dispensing machines within the ~~same to constitute Additional Rent hereunder. 7.02 Electricity used~~ Premises. No food or beverage dispensing machines shall be installed by Tenant in the Premises ~~shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except~~ without the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the prior written consent of Landlord, ~~Tenant’s use~~ which consent shall not be unreasonably withheld or delayed. 4.4.3 The services described in subparagraph 4.4.1 may be subject to slowdown interruption or stoppage due to the order of ~~electrical~~ any Governmental Agency, Force Majeure, or the maintenance, repair, replacement or improvement of any of the equipment involved in the furnishing of any such service. No such slowdown interruption or stoppage of any such service shall ~~not exceed~~ be construed as an eviction, actual or constructive, of Tenant, nor shall same cause any abatement of Base Rent or Additional Rent or relieve Tenant from any of its obligations under this Lease. Landlord agrees to use all commercially reasonable efforts to resume the ~~Building standard usage~~ affected service promptly following any such slowdown interruption or stoppage. Landlord will provide Tenant, whenever reasonably possible, advance notice of ~~six (6) xxxxx per square foot~~any scheduled service slowdowns, interruptions or stoppages of which it has knowledge. Notwithstanding anything to the contrary aforesaid, if, as a result of the negligence of Landlord or Landlord's Agents, there is an interruption or discontinuance in the furnishing by Landlord of any Building Services (as described in 4.1) to the Premises which results in Tenant being unable to reasonably ~~determined~~ operate at the Premises or having vacated the Premises due to such an interruption or discontinuance, in each case for a period in excess of seven (7) consecutive full calendar days after notice to Landlord by ~~Landlord~~Tenant, ~~based upon~~ all regularly payable Base Rent required under this Lease shall abatx xxxm the end of such period until the earlier of the date Tenant reenters and reasonably uses the Premises, or such time as Building ~~standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods~~Services are restored, ~~including the installation of measuring devices~~ such ~~as submeters and check meters. If it is determined~~ that Tenant is ~~using electricity in such quantities or during such periods as~~ again reasonably able to ~~cause~~ operate at the ~~total cost of Tenant’s electrical usage, on~~ Premises. If only a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said perioduntenantable, ~~then Tenant’s obligation pay~~ Base Rent ~~and Additional Rent hereunder~~ shall be abated in the proportion that the untenantable rentable area of the Premises bears to the total rentable area of the Premises. 4.4.4 Tenant shall be entitled to use a portion of the ~~Premises rendered Untenantable until~~ storage space in the ~~date on which such Untenantability~~ lower level of the Building (the "Storage Space"), to the extent then available from time to time, as determined by Landlord in its reasonable discretion. With respect to any Storage Space made available to Tenant, Tenant shall pay to Landlord rent in an amount equal to $10.75 for each square foot of storage space, escalating at a rate of 3% per annum. The rent to be paid for the Storage Space shall be added to Base Rent and shall be due as and when Base Rent is ~~cured, provided that such abatement~~ due and payable. Tenant shall not ~~commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice~~ be liable to ~~Landlord~~ pay any Additional Rent with respect to its occupancy of the ~~interruption~~ Storage Space. Tenant shall occupy the Storage Space in its "as is" condition, with all faults and ~~an opportunity~~with all risks; provided, ~~within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month~~ however that Tenant shall not ~~exceed twenty-five percent~~ be required to make any repairs or improvements to the Storage Space unless Tenant causes damage thereto and provided further that Tenant shall maintain the Storage Space in a good condition and shall keep the Storage Space free of any rubbish, debris and other waste materials. Landlord makes no representation or warranty regarding the Storage Space whatsoever. Tenant's right to occupy the Storage Space shall terminate automatically and immediately upon (~~25%~~i) the expiration or earlier termination of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, ~~subject~~ (ii) the occurrence of an Event of Default hereunder, or (iii) at any time upon not less than thirty (30) days' prior written notice from Tenant to ~~such monthly cap~~Landlord. In Upon termination of Tenant's occupancy of the ~~event that~~ Storage Space. Tenant shall immediately vacate the ~~foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining~~ Storage Space in ~~the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result~~a broom clean condition.

Appears in 1 contract

Samples: Office Lease (Eloyalty Corp)

Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building lavatories ~~and drinking purposes~~24 hours per day, 7 days per week; (b) customary heat and air conditioning in season during Building Service ~~Hours (, although (i)~~ Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) ~~unattended~~ elevator service; (e) electricity 24 hours per day, 7 days per week in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such ~~protective services~~ security or monitoring ~~systems, if any,~~ systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the ~~Property~~Project. ~~If Landlord~~As of the date hereof, ~~at Tenant’s request, provides any services which are not~~ Landlord’s ~~express obligation under this Lease~~charge for after hours heating and air conditioning service is $130 per hour for a full floor and $65 per hour per zone for air conditioning, ~~including~~and $30 per hour for a full floor and $15 per hour per zone for ventilation, ~~without limitation~~subject to change from time to time; provided that any increases in such charge for after-hours HVAC service shall be limited to increases in Landlord’s actual, ~~any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord,~~ reasonable costs of supplying the ~~cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder~~after-hours HVAC services. 7.02 Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ up to the aggregate 5.5 xxxxx per rentable square foot described below shall be paid for by Tenant ~~by a separate, flat-rate charge (except the same may be increased as hereinafter provided~~ through inclusion in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by LandlordExpenses. Without the consent of Landlord, Tenant’s use of electrical service in the aggregate for the Premises shall not ~~exceed~~ exceed, either in voltage or rated capacity, that which Landlord reasonably deems to be standard for the ~~Building standard~~ Building; provided that Landlord acknowledges that Tenant shall not be assessed any excess usage ~~of six (6) xxxxx per square foot,~~ charge except as ~~reasonably determined by Landlord, based upon the Building standard electrical design load~~provided below in this Section 7.02. Landlord shall have the right to measure electrical usage by commonly accepted methods. At any time following the date of this Lease, Landlord may install sub-meters on each floor of the Premises to measure Tenant’s use of electricity (collectively, the “Sub-Meters”). Tenant shall reimburse Landlord for Landlord’s actual, reasonable costs of obtaining and installing the Sub-meters within 30 days of demand accompanied by reasonable documentation of such costs; provided that Tenant shall not be required to reimburse Landlord for the cost of the Sub-Meters in excess of $15,000.00 in the aggregate for all three of the 7th, 8th and 9th floors of the Premises. Following Landlord’s installation of the Sub-Meters on the applicable floors and provided that such Sub-Meters are operational with respect to each floor of the Premises then occupied by Tenant, to the extent that Tenant’s total electrical usage in such occupied floors, including any supplemental HVAC system, in the ~~installation~~ aggregate exceeds 5.5 xxxxx per rentable square foot of ~~measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause~~ the ~~total cost~~ aggregate of the Premises then occupied by Tenant~~’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building~~, Tenant shall pay for such excess usage, at Landlord’s option, either by (i) a separate charge payable by Tenant to Landlord as Additional Rent ~~for the~~ (provided that Landlord shall not collect more than 100% of Landlord’s actual cost of supplying such ~~excess electrical usage and~~utilities to Tenant), ~~if applicable, for~~ or (ii) by separate charge billed by the ~~cost of purchasing~~ applicable utility company and ~~installing the measuring device(s)~~payable directly by Tenant. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a portion of the Premises which significantly impacts the ability of Tenant to operate in any portion of the Premises, are made untenantable for a period in excess of 2 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct or is the direct result of the gross negligence of Landlord, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 2nd consecutive Business Day of the Service Failure and ending on the day the service has been restored. Notwithstanding the foregoing, if ~~all or any~~ a material portion of the Premises ~~is rendered Untenantable (as defined below) solely~~ are made untenantable for a period in excess of 2 consecutive Business Days as a result of a Service Failure that is reasonably within the ~~failure~~ control of Landlord to correct or is the direct result of the gross negligence of Landlord, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 1st Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. 7.04 Subject to the terms of this Lease, including, without limitation Section 9.03 below, Tenant may, at its own expense, install its own security system (“Tenant’s Security System”) in the Premises that uses the same card as the Building security system; provided, however, that Landlord and Tenant shall coordinate the installation and operation of Tenant’s Security System to assure that Tenant’s Security System is compatible with Landlord’s security system and the Building’s systems and equipment. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation and removal of Tenant’s Security System. 7.05 Landlord shall maintain the building heating, ventilating and air conditioning system (HVAC) in compliance with all Laws and the standards established by the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) for high-rise office buildings or standards customarily adopted for Class A high-rise office buildings in San Francisco, California. The cost of such compliance shall be included in Expenses to the extent permissible under Exhibit B. 7.06 Landlord shall allow access to the Building and the Premises to any ~~Essential Service (~~dog designated as a “service dog” and properly identified as such as defined ~~below) due~~ by and in accordance with San Francisco city codes and/or ordinances. 7.07 At Tenant’s election, subject to Landlord’s ~~negligence or willful misconduct~~ review and ~~Tenant does not use or occupy the same during said period, then~~ approval of Tenant’s ~~obligation pay Base Rent~~ plans and ~~Additional Rent hereunder~~ requested capacity, Tenant shall be ~~abated in proportion~~ permitted to connect its IT closets within the Premises to the ~~portion~~ backup power available from the Building’s existing cogeneration plant (the “Cogeneration Plant”). Tenant shall be responsible for all costs of connection to the Cogeneration Plant and Tenant’s usage of power supplied by the Cogeneration Plant, which Tenant shall procure through Landlord’s affiliated energy company, OSEP, on the terms and conditions available from OSEP. Landlord shall cause its affiliate to maintain the Cogeneration Plant as a standby power source during the initial Term of the ~~Premises rendered Untenantable until~~ Lease and the ~~date on which such Untenantability is cured~~Renewal Term, ~~provided~~ if any. 7.08 Tenant shall have the right to access, utilize and maintain cable in the Building that ~~such abatement shall not commence until~~ extends and/or connects to any cable located in the ~~fifth (5th) Business Day after~~ basement of the ~~date on~~ adjacent Landmark building to which Tenant ~~delivers written notice~~ has access pursuant to ~~Landlord of~~ Tenant’s separate lease at the ~~interruption and an opportunity~~Landmark building, ~~within such five (5) Business Day period~~if any, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent ~~necessary~~ that such access, use and maintenance does not interfere with the rights of other tenants of the Building existing as of the date of this Lease. Tenant acknowledges that Landlord has not made any representation, warranty or covenant regarding the existence of any such cable, nor that any such cable would be adequate or available for Tenant’s use. Tenant may, in addition to ~~avoid~~ or in lieu of the use of such ~~result~~cable, install, utilize and maintain new cable reasonably required for Tenant’s business purposes subject to Landlord’s reasonable review and approval of the location and manner of installation, and provided that Tenant uses Dyna Electric for such installation and that such new cable does not exceed 200 pair copper or fibre requiring greater than a one inch inner duct.

Appears in 1 contract

Samples: Office Lease Agreement (Salesforce Com Inc)

Appears in 1 contract

Samples: Office Lease Agreement (Utix Group Inc)

Building Services. ~~7.01~~ Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes; (b) customary heat and~~ Premises. Landlord may make available to Tenant heating, ventilation or air conditioning in ~~season during Building Service Hours (, although (i) Tenant~~ excess of that which Landlord shall ~~have the right~~ be required to ~~receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ provide hereunder upon such ~~prior notice~~ conditions as ~~is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change~~ shall be determined by Landlord from time to time. Landlord’s fee for any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article IV. (see Addendum 1) (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current of not less than 3.5 wxxxx per square foot for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s ~~failure~~ consent may be conditioned upon Tenant’s requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure (defined in~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.01 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable upon demand by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 1 contract

Samples: Office Lease (All American Pet Company, Inc.)

Building Services. ~~7.01~~ 7.01. Landlord shall furnish Tenant with the following services: (a) hot and cold water for use in the Base Building lavatories and ~~drinking purposes~~cold water for use in the kitchen and break room in the Premises; (b) customary heat and air conditioning in season during Building Service Hours (~~, although (i)~~ `customary' shall be deemed to mean reasonably consistent with specifications provided from time to time by other comparable buildings in the East-West Corridor submarket). Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s 's then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (As of the date hereof, Landlord~~’s current charge~~ 's charges for ~~afterhours HVAC~~ after hours heating and air conditioning service is $60 32.00 per ~~hour~~hour per wing, subject to change ~~by Landlord~~ from time to time.), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business ~~Days~~Days in accordance with the cleaning specifications attached hereto as Exhibit I, or such other reasonably comparable specifications designated by Landlord from time to time.; (d) ~~unattended elevator~~ Elevator service; (e) ~~electricity~~ Electricity in accordance with the terms and conditions in Section 7.02; (f) ~~access~~ Access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such ~~protective services~~ security or monitoring ~~systems, if any,~~ systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. ~~7.02~~ 7.02. Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant by ~~a separate, flat-rate~~ separate charge (~~except~~ separately metered) billed by the ~~same may be increased as hereinafter provided in this Section 7.02)~~ applicable utility company and payable directly by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by LandlordTenant. Without the consent of Landlord, Tenant’s 's use of electrical service shall not ~~exceed the~~ exceed, either in voltage, rated capacity, use beyond Building ~~standard usage of six (6) xxxxx per square foot~~Service Hours or overall load, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, ~~Tenant shall pay Landlord Additional Rent for~~ which is currently six xxxxx per useable square foot of the ~~cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)~~Premises. ~~7.03~~ 7.03. Landlord’s 's failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a ~~“Service Failure”~~"SERVICE FAILURE") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~However, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable (as defined below) solely~~ Premises, are made untenantable for a period in excess of 1 Business Day as a result of a Service Failure that is reasonably within the ~~failure~~ control of ~~any Essential Service (as defined below) due~~ Landlord to ~~Landlord’s~~ correct and is not caused by the negligence or willful misconduct ~~and Tenant does not use or occupy the same during said period~~of Landlord, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the date of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered ~~Untenantable until~~ untenantable by the ~~date on which such Untenantability is cured~~Service Failure, ~~provided that such~~ the amount of abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultequitably prorated.

Appears in 1 contract

Samples: Office Lease Agreement (Insurance Auto Auctions Inc /Ca)

Building Services. ~~7.01~~ Provided Tenant is not in default under any of the terms of this Lease, Landlord shall furnish Tenant ~~with~~ the following services: : (a) ~~hot~~ lighting of the Common Areas, garbage removal, snow and ~~cold water for use~~ ice removal, landscaping, and other routine services necessary to maintain the Development in ~~the Base Building lavatories and drinking purposes;~~ good condition;. (b) ~~customary heat~~ cleaning, janitor and ~~air conditioning in season during Building Service Hours (~~window washing services based upon a Schedule of Service, ~~although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying~~ a copy of which may be obtained from Landlord~~’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour~~; provided, ~~subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line~~however, such ~~permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use~~ schedule shall be subject to change, at Landlord’s 's discretion, so long as the services provided by Landlord are comparable to other similar developments in the general area of the Development. Tenant shall not engage or provide cleaning, janitor, window washing or maintenance services without Landlord's prior written consent. If consent is given, such services shall be subject to supervision by Landlord and at Tenant's sole responsibility and expense; (c) heat during Business Hours with temperatures between sixty-eight (68) degrees and seventy-four (74) degrees Fahrenheit; (d) cold and hot water to facilities in the Premises and the Common Areas at Building standard temperatures for sanitary purposes only; (e) passenger elevator service during Business Hours. Freight elevator service shall be at times other than during Business Hours as are deemed reasonable ~~approval and reasonable restrictions imposed~~ by Landlord. Elevator service at other times shall be optional with Landlord, and ~~Landlord~~ when so provided, shall ~~have the right to charge Tenant~~ never be deemed a ~~connection fee and/or a monthly usage fee, as reasonably determined by~~ continuing obligation of Landlord~~; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02;~~ ; (f) ~~access~~ electrical service for customary office purposes as long as Landlord provides such service; provided, however, upon not less than sixty (60) days' prior written notice to Tenant, Landlord may cease to provide, electrical service to the ~~Building~~ Premises without liability or responsibility to Tenant except to connect, within the period of said notice, the electrical system of the Premises with another source of electrical service. Thereafter, Tenant shall pay the charges for such service directly to the utility provider supplying the same upon billings therefore. Any installation by Tenant of sxxxxxx xquipment, including intermittent operating equipment, must have the prior written approval of Landlord, and shall be subject to special charges and regulations. Any new or additional electrical facilities required to service equipment installed by Tenant and ~~its employees 24 hours per day/7 days per week, subject to~~ all changes in existing electrical facilities in or serving the ~~terms of this Lease and such protective services or monitoring systems~~Premises required by Tenant, if ~~any~~permitted, ~~as Landlord may reasonably impose~~shall be installed, ~~including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary~~ furnished or ~~appropriate for the Property. If~~ made by Landlord, at Tenant~~’s request~~'s expense. Tenant may purchase from Landlord all light bulbs, ~~provides any services which are not Landlord’s express obligation under this Lease~~fluorescent tubes, ~~including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord,~~ ballasts or ~~such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity~~ starters used ~~by Tenant~~ in the ~~Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat~~Premises; and (g) air conditioning service during Business Hours with temperatures between seventy-~~rate charge~~ two (~~except the same may be increased as hereinafter provided in this Section 7.02~~72) ~~payable by Tenant to Landlord monthly with Rent, initially estimated~~ degrees and seventy-eight (~~at the rate of $1.50 per rentable square foot of the Premises~~78) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)degrees Fahrenheit. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Standard Office Lease (Ydi Wireless Inc)

Building Services. ~~7.01 Landlord shall furnish Tenant with the following services:~~ (a) ~~hot~~ Prior to the Commencement Date, Landlord at Landlord's sole cost and ~~cold water for use in~~ expense shall maintain the ~~Base~~ interior temperature of the Building ~~lavatories~~ above thirty-two degrees Fahrenheit (32(0)F), perform preventative maintenance to the Building Systems, and ~~drinking purposes;~~ service the Building with a part-time engineer reasonably sufficient to protect the Building and the Building Systems. (b) ~~customary heat~~ Throughout the Term, Landlord shall maintain the Premises in a first-class manner consistent with Comparable Buildings, shall operate all Building Systems consistent with the Plans and ~~air conditioning in season during~~ Specifications, and, subject to Unavoidable Delays, all Requirements, the provisions of this Article ------- 11 and the approved Operating Budget, and shall furnish, or cause to be -- furnished, the following services ("Building ~~Service Hours (, although~~ Services"): (i) ~~Tenant shall have~~ Subject to the ~~right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge~~ provisions of Section 11.2, normal and usual electricity for ~~additional~~ interior and exterior lighting purposes for the Building, the Parking Garage, surface parking areas and Common Areas, and the operation of ordinary office equipment and HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity lighting in accordance with the ~~terms~~ design capabilities of the Building and ~~conditions in Section 7.02; (f) access~~ such other services to the Building ~~for Tenant~~ (all in accordance with the Base Building Construction Documents), the Parking Garage, surface parking areas and ~~its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any,~~ Common Areas as ~~Landlord~~ may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation be required under this Lease; (ii) Public lavatory facilities and adequate supplies for toilet rooms throughout the Premises; (iii) In accordance with the specifications contained within the Base Building Construction Documents, ~~including~~hot and cold running water in toilet rooms, ~~without limitation~~kitchens and pantries throughout the Premises as well as sufficient running water for HVAC and other applicable uses; (iv) Heating, ~~any repairs which are Tenant’s responsibility pursuant~~ ventilating and air-conditioning to ~~Section 9 below~~the Building (zoned Floor-by-Floor) during Business Hours, ~~Tenant shall pay Landlord~~in accordance with the specifications attached as Exhibit L; --------- (v) Automatically operated elevator service (with at least eight (8) passenger elevators and one freight elevator) twenty-four (24) hours a day, ~~or such other party designated by Landlord~~seven days a week; (vi) Building Standard lighting fixtures, ~~the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant~~ electric bulbs and fluorescent tubes in light fixtures in the Premises ~~shall~~(including the Parking Garage and the Land); (vii) A controlled access security system for the Premises (including the Parking Garage) permitting access thereto twenty-four (24) hours a day, ~~at Landlord’s option~~three hundred sixty-five (365) days a year, via a Kastle or similar key-card system, including key-cards for such system and Building concierge/security personnel during Business Hours; (viii) Landscaping maintenance, road and driveway repair, and snow removal; (ix) Janitorial and char services to the Premises (including the cafeteria, kitchen and dining area, however, if the Building is occupied by more than one (1) tenant, such services shall be considered a "tenant extra" to be paid for directly by Tenant ~~by a separate, flat-rate charge (except the same may~~ and Operating Expenses will be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annumappropriately reduced on account thereof), ~~payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases~~ including trash removal and recycling, Monday through Friday, excepting holidays, in ~~the cost of electricity (and/or the generation thereof) to Landlord in connection~~ accordance with the ~~Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot,~~ cleaning specifications attached hereto as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.Exhibit F; ---------

Appears in 1 contract

Samples: Deed of Lease (Verisign Inc/Ca)

Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories~~ restrooms, any restrooms and ~~drinking purposes~~break rooms located in the Premises, and the room identified in the Preliminary Plans as the “pharmacy”; (b) ~~customary~~ heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, ~~although~~ however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from (i) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, and (y) is not expressly provided for in the Plans, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such ~~protective services~~ security or monitoring ~~systems, if any,~~ systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant ~~by a separate~~through inclusion in Expenses, ~~flat-rate charge~~ except as otherwise provided (~~except the same may be increased as hereinafter provided~~ a) in this Section ~~7.02~~7.02 or elsewhere in this Lease with respect to excess usage, (b) ~~payable by Tenant to Landlord monthly with Rent~~in Section 7.04 below, ~~initially estimated~~ or (~~at the rate~~ c) in Section 8 of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by LandlordExhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not ~~exceed~~ exceed, either in voltage, rated capacity or overall load, the ~~Building~~ electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage ~~of six (6) xxxxx per square foot~~shall be measured in accordance with Section 7.04 below), ~~as reasonably determined by Landlord, based upon the Building standard electrical design load.~~ Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, ~~including~~ the ~~installation~~ “electrical standard” for the Building is: (i) a design load of ~~measuring devices~~ 1.0 xxxxx per square foot of net usable floor area for all building standard overhead lighting located within the Premises which requires a voltage of 480/277 volts; and (ii) a connected load of 4.0 xxxxx per square foot of net usable area for all equipment located and operated within the Premises which requires a voltage of 120/208 volts single phase or less, it being understood that electricity required to operate the Base Building HVAC system is not included within or deducted from such ~~as submeters and check meters~~4.0 xxxxx per square foot described in this clause (ii). If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Buildingexcess electricity, Tenant shall pay Landlord ~~Additional Rent~~ for the actual cost of such excess electrical usage ~~and, if applicable, for~~ at the ~~cost of purchasing and installing~~ rates charged by the ~~measuring device(s)~~utility provider as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding~~ Without limiting the ~~foregoing~~preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable (as defined below) solely~~ Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the ~~failure~~ control of ~~any Essential~~ Landlord to correct, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. (a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as ~~defined below~~the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) ~~due~~ shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company). (b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s ~~negligence or willful misconduct and Tenant does not use or occupy the same during said period, then~~ condenser water loop at Tenant’s ~~obligation pay Base Rent~~ sole cost and ~~Additional Rent hereunder shall be abated in proportion~~ expense. Notwithstanding anything contained to the ~~portion~~ contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises ~~rendered Untenantable until~~ other than the ~~date on~~ initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such ~~Untenantability is cured~~electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, ~~provided~~ however, that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap measurement shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due required with respect to the ~~number of calendar months remaining~~ Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the ~~term,~~ Supplemental HVAC Units serving the ~~monthly cap may~~ Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be ~~increased proportionately~~ included in Expenses except to the extent ~~necessary~~ that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to ~~avoid~~ the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company). 7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such ~~result~~system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

Building Services. ~~7.01~~ As long as Tenant is not committing an Event of Default under this Lease, Landlord ~~shall~~ agrees to furnish Tenant with the following services: (a) hot and cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right or cause to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hourbe furnished, subject to ~~change~~ the provisions of this Lease, as part of Operating Expenses to the Premises, the following utilities and services, subject to the conditions and standards set forth herein: 8.1.1 Non-attended automatic elevator service. 8.1.2 Subject to all governmental Laws, rules, regulations and guidelines applicable thereto, HVAC to the Premises, which in Landlord’s good faith judgment, is required for the comfortable use and occupancy of the Premises from 7:00 A.M. to 9:00 P.M. Monday through Friday and 8:00 A.M. to 3:00 P.M. on Saturday (collectively, the “Business Hours”), except for the date of observation of New Year’s Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord’s discretion, other state and nationally recognized holidays selected by Landlord which are consistent with Institutional Owner Practices (collectively, the “Holidays”); provided, however, that if Tenant desires to use HVAC during hours (“Non-Business Hours”) other than Business Hours (“After Hours HVAC”), Tenant shall provide Landlord with prior written notice (which at a minimum shall be 24 hours’ written notice for weekday use (and written notice prior to 12 Noon on Friday for weekend use) of Tenant’s desired After Hours HVAC use and upon such additional conditions as shall be determined by Landlord from time to time). Tenant shall pay to Landlord Landlord’s then prevailing charges (the “After Hours HVAC Rate”) for supplying such After Hours HVAC within ten (10) days of receipt of a reasonably detailed xxxx therefor. Tenant shall be responsible for and shall pay to Landlord any additional costs (including, without limitation, the costs of installation of additional HVAC equipment) incurred by Landlord because of the failure of the HVAC system to perform its function due to arrangement of partitioning in the Premises or changes or alterations thereto or from any use by Tenant of heat-generating machinery or equipment other than normal office equipment, including small photocopying machines and personal computers not linked to a central mainframe at the Premises. 8.1.3 At all reasonable times, electric current as required for Building Standard lighting and fractional horsepower office machines and adequate electrical wiring and facilities for connection to the lighting fixtures and incidental use equipment of Tenant; provided, however, that notwithstanding any provision of this Lease to the contrary the total connected electrical load for all of the incidental use equipment located in the Premises shall in no case exceed an average of two and one-half (2.5) xxxxx per usable square foot of the Premises during Business Hours, with the electricity so furnished for incidental use equipment to be at a nominal one hundred twenty (120) volts and with no electrical circuit for the supply of such equipment to require a current capacity exceeding twenty (20) amperes, and the total connected electrical load for Tenant’s lighting fixtures within the Premises shall in no case exceed Landlord’s per usable square foot Business Hours standard, and the electricity so furnished for Tenant’s lighting to be at a nominal one hundred twenty (120) volts. Without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to provide pursuant to this Section 8.1.3 (“Excess Electrical Requirements”). If Tenant shall require or utilize Excess Electrical Requirements or electric current which may disrupt the provision of electrical service to other tenants in the Building or the Project, Landlord, at its election (i) may refuse to grant its consent or (ii) ~~if Tenant is permitted~~ may condition its consent upon Tenant’s payment in advance of Landlord’s total direct and indirect cost (including, without limitation, a reasonable administration fee) of designing, installing, maintaining and providing any additional facilities determined by Landlord to ~~connect any supplemental HVAC units~~ be required to satisfy such Excess Electrical Requirements (or otherwise related to the ~~Building~~additional wear on Building Systems associated therewith). If Tenant’s ~~condenser water loop~~ actual electricity consumption for any portion of the Premises, as determined in good faith by Landlord pursuant to such measurement method or ~~chilled water line, such permission~~ methods as Landlord shall ~~be conditioned upon Landlord having adequate excess capacity~~ employ from time to time (including, without limitation, the use of submeters and/or pulse meters, electrical surveys and/or engineer’s estimates) exceeds Landlord’s nondiscriminatory standard for excess electrical consumption for any reasonable calculation period determined by Landlord, Tenant shall pay to Landlord, as Additional Rent, the sum of (a) Landlord’s actual direct and indirect costs of supplying such ~~connection~~ excess consumption, including, without limitation, all taxes thereon, and ~~use shall be subject to~~ the cost of additional wear on Building Systems resulting from such excess consumption, (b) all of Landlord’s costs of monitoring and measuring such excess consumption and (c) Landlord’s reasonable ~~approval~~ administration fee. If Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or in the Building, Landlord’s consent may be conditioned upon Tenant’s payment of all direct and ~~reasonable restrictions imposed~~ indirect costs of installation and operation of any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including, but not limited to, the cost of modifications to the Building Systems and increased wear and tear on existing HVAC equipment. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building or the Project. 8.1.4 City water for drinking and rest room purposes. 8.1.5 Janitorial and cleaning services conforming to the Landlord’s Project standards in effect from time to time (which shall be consistent with Institutional Owner Practices), provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. Landlord shall not be required to provide janitorial services for portions of the Premises used for preparing or consuming food or beverages, for storage, as a mailroom, or for a lavatory (other than the Common Area lavatory rooms) other than normal “light” janitorial services such as emptying of waste containers, standard vacuuming, mopping and sweeping. Landlord shall not be responsible for more extensive lunch room cleaning such as the washing of dishware or cleaning any refrigerator located therein. In all events, Tenant shall pay to Landlord the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 8.1 shall be payable upon demand by Landlord and shall constitute Additional Rent. From time to time during the Term, Landlord shall have the right to ~~charge~~ modify the services provided to Tenant ~~a connection fee and/or a monthly usage fee, as reasonably determined by Landlord~~hereunder; ~~(c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance~~ provided such modified services are consistent with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunderInstitutional Owner Practices. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Loan Agreement (MPG Office Trust, Inc.)

Building Services. ~~7.01~~ Landlord shall furnish Tenant ~~with~~ the following services: : (a) ~~hot~~ Cleaning, and ~~cold water~~ janitor services, standard for ~~use~~ the Building as set forth in Exhibit “JS” attached hereto and incorporated herein which reflects the ~~Base Building lavatories~~ schedule of such services (except for the cleaning and ~~drinking purposes; (b) customary heat~~ maintenance of Tenant’s computer room and ~~air conditioning in season during Building Service Hours (, although (i)~~ secure facilities which Tenant shall have the right to ~~receive HVAC service during hours other than Building Service Hours by paying~~ perform without Landlord’s ~~then standard charge for additional HVAC service and providing such~~ prior ~~notice as is reasonably specified~~ written consent or supervision by ~~Landlord (~~Landlord, Tenant shall not engage or provide cleaning, janitor, or maintenance services without Landlord’s ~~current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time)~~prior written consent, and ~~(ii)~~ if ~~Tenant~~ consent is ~~permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line~~given, such ~~permission~~ services shall ~~be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall~~ always be subject to ~~Landlord’s reasonable approval and reasonable restrictions imposed~~ supervision by Landlord, and ~~Landlord~~ at Tenant’s sole responsibility and expense); (b) Heat or air conditioning during “normal business hours” (as hereinafter defined) and for up to fifty (50) additional hours per month at no additional cost to Tenant to accommodate Tenant’s operations outside of normal business hour. However, electricity to operate the heat pumps servicing the Premises shall ~~have the right to~~ be at Tenant’s cost and shall be included in Tenant’s monthly electricity xxxx. If Tenant requires heat and air conditioning service during other than normal business hours in excess of fifty (50) additional hours per month, there will be a Fifteen Dollars ($15.00) hourly per zone charge ~~Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord;~~ for central plant condenser water distribution; (c) Cold and hot water at standard ~~janitorial service on Business Days;~~ Building temperatures for sanitary purposes only; (d) ~~unattended~~ Passenger and freight elevator ~~service;~~ service twenty-four (e24) ~~electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24~~ hours per ~~day/7 days per week, subject to~~ day. To the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlordextent possible, Tenant’s ~~use of electrical~~ need for freight elevator service shall ~~not exceed~~ be scheduled in advance with Landlord or the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreementmanagement. Notwithstanding the foregoing, if Landlord shall permit Tenant to use the freight elevators to move (i) into the Temporary Space, (ii) into the Premises at any time following receipt of Landlord’s ten (10) business day notice of Substantial Completion, and (iii) out of the Premises, in each instance, such use may be during or after normal business hours at no additional cost to Tenant. If requested by Tenant, provided that both elevators are in working order, Landlord shall provide exclusive use of at least one freight elevator for up to three (3) consecutive days, without charge; (e) As long as Landlord provides electrical service in said Building, Tenant shall obtain all such service used in the Premises from Landlord and shall pay Landlord the Electric Charges therefor in accordance with metered rates as described in Subparagraph 4(g). Upon not less than sixty (60) days prior written notice to Tenant, Landlord may cease to provide electrical service to the Premises without liability or ~~any portion~~ responsibility to Tenant except to connect, within the period of notice, the electrical system of the Premises ~~is rendered Untenantable (as defined below) solely as a result~~ with another source of electrical service; thereafter, Tenant shall pay the charges for such service directly to the public utility, or municipal corporation supplying the same upon xxxxxxxx therefor. Tenant shall purchase from Landlord all light bulbs, fluorescent tubes, ballasts or starters used in said Premises provided the cost of the ~~failure~~ same are at reasonable rates. All expense of ~~any Essential Service (as defined below) due~~ maintenance and cleaning of fluorescent lighting equipment including but not limited to ~~Landlord’s negligence or willful misconduct~~ the replacement of ballasts and ~~Tenant does not use or occupy~~ starters located in the ~~same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder~~ Premises shall be ~~abated~~ borne by Tenant unless such costs are recovered pursuant to product warranties; and all electricity used during cleaning service or alterations and repairs in ~~proportion to the portion of~~ the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be ~~credited against the Base Rent or Additional Rent next thereafter due under~~ paid for by Tenant; (f) The term “normal business hours” as used in this ~~Lease~~Paragraph 6 shall mean Monday to Friday, ~~subject~~ inclusive from 8:00 A.M. to ~~such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement~~ 6:00 P.M. and Saturday mornings from 8:00 A.M. to ~~which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.~~1:00

Appears in 1 contract

Samples: Office Lease (Education Lending Group Inc)

Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories~~ lavatories, and ~~drinking purposes~~showers and locker rooms in the Premises; (b) customary heat and air conditioning in season during Building Service ~~Hours (~~Hours, although ~~(i)~~ Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without ~~limitation,~~ limitations sign-in procedures and/or presentation of identification cards; ~~and~~ (g) ~~subject to Section 26.10~~Such security and monitoring systems as Landlord may reasonably impose, including initially, sign-in procedures and presentation of identification cards; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant by a ~~separate, flat-rate~~ separate charge ~~(except the same may be increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not ~~exceed~~ exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the ~~Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load~~Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Buildingexcess electricity, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage ~~and, if applicable,~~ and for the reasonable cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~However, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable (as defined below) solely~~ Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the ~~failure~~ control of ~~any Essential Service (as defined below) due~~ Landlord to ~~Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period~~correct, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered ~~Untenantable until~~ untenantable by the ~~date on which such Untenantability is cured~~Service Failure, ~~provided that such~~ the amount of abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultequitably prorated.

Appears in 1 contract

Samples: Sublease Agreement (L-1 Identity Solutions, Inc.)

Building Services. ~~7.01~~ As long as Tenant is not in monetary default under this Lease, Landlord agrees to furnish or cause to be furnished to the Premises the following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees. (B) From 6:00 a.m. to 6:00 p.m., Monday through Friday, except for holidays, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use and occupancy of the Premises. Landlord shall ~~furnish~~ make available to Tenant ~~with the following services: (a) hot and cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and~~ heating, ventilation or air conditioning in ~~season during Building Service Hours~~ excess of that which Landlord shall be required to provide hereunder (including services for after-hours usage to be available twenty-four (24) hours per day, ~~although~~ seven (7) days a week, every day of the year), upon the following conditions: (i) Tenant may request ventilation, hearing and air conditioning service for hours other than those outlined in Section 7.01(B) above, Paragraph 1 (“Overtime Air Service”). Upon at least forty eight (48) hours minimum advance written notice from Tenant to Landlord, the Landlord shall ~~have~~ arrange for such Overtime Air Service. For each Overtime Air Service request, Tenant shall pay, as additional rent, the Landlord’s then current charge for Overtime Air Service, which costs currently are as follows: $35.00 Service Charge. If on weekdays, $25.00 per hour. If on weekends, $35.00 for the first hour and $25.00 per hour thereafter. Tenant shall be entitled to zero (0) calendar days per year at no cost. Such costs shall be paid to Landlord, at the same address provided for rent and notices or such other addresses as Landlord may from time to time designate in writing, within thirty (30) days of receipt of invoice. Tenant shall provide the appropriate billing address for Overtime Air Service in the space provided below, and shall notify Landlord in writing of any change in address. Landlord reserves the right to ~~receive HVAC~~ reasonably adjust the hourly charge for Overtime Air Service if the actual costs to Landlord of providing said service ~~during hours other than Building Service Hours by paying~~ increases. Tenant’s billing address for overtime air service is as follows: Placer Sierra Bank Attention: Chief Financial Officer 000 X Xxxxxx Xxxxxxxxxx, Xxxxxxxxxx 00000 Landlord’s ~~then standard charge~~ fee for any such additional ~~HVAC service and providing such prior notice as is reasonably specified~~ heating, ventilation or air conditioning provided to Tenant, to be set by Landlord (as provided above based on Landlord’s actual costs for said services, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article 4. (C) Water for drinking and rest room purposes. (D) Reasonable standard janitorial and cleaning services five (5) days per week consistent with such services typically provided for Class A office buildings in Downtown Sacramento and in addition, the following services described on Exhibit F attached hereto, provided that the Premises are used exclusively for the Permitted Use and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenants refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all times, twenty-four (24) hours per day, seven (7) days a week, every day of the year, electric current ~~charge~~ in reasonable wattages for ~~afterhours HVAC~~ building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises of any equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is ~~$60 per hour~~obligated to provide hereunder, ~~subject~~ such approval not to ~~change by Landlord from time to time~~be unreasonably withheld (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s ~~failure~~ consent may be conditioned upon Tenant’s requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure (defined in~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.01 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable within thirty (30) days following invoicing by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

Building Services. ~~7.01~~ 7.01. Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the ~~Base Building lavatories and drinking purposes~~lavatories; (b) customary heat and air conditioning in season during Building Service ~~Hours (~~Hours, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then ~~standard~~ current charge for additional HVAC service plus an administrative charge not to exceed 5% and providing such prior notice to Landlord as is reasonably specified by Landlord (~~Landlord’s current charge for afterhours HVAC is $60 per hour, subject~~ which may be verbal notice to ~~change by Landlord from time to time~~a building manager), and (ii) if subject to Landlord’s approval of plans and specifications as provided in Section 9.03 and Exhibit C, Tenant is shall be permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water ~~line,~~ line (if any) to the extent such ~~permission shall be conditioned upon Landlord having adequate excess~~ loop or line has capacity ~~from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord~~for additional connections, and Landlord shall have the right to charge Tenant ~~a connection fee and/or a monthly usage fee, as reasonably determined~~ for any actual costs and expenses (without markup by Landlord) in connection with any such connections and/or usage; (c) standard janitorial service on Business ~~Days~~Days in accordance with Landlord’s standard cleaning specifications then in effect for the Building or at such additional times as Tenant shall request, provided that if Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building (and for purposes of this Lease, cleaning a kitchen or private bathroom [among other things] shall be deemed to be special services) or if Tenant’s trash requires special handling (including, without limitation, because of its size or volume or because it cannot be disposed of in the ordinary course), Tenant shall pay the additional reasonable out-of-pocket cost actually incurred by Landlord attributable to such special services or special handling, which payment shall be made monthly if the services are regularly recurring services and otherwise within thirty (30) days after receipt of an invoice therefor; (d) ~~unattended~~ passenger elevator ~~service~~service and freight elevator service and any loading area available for Tenant’s use, and if Tenant uses such freight elevator or loading dock after Building Service Hours, Tenant shall pay Landlord’s actual cost for such use plus an administrative charge not to exceed 5%; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or ~~presentation~~ use of ~~identification cards~~card keys, but in all events subject to Section 7.06 below; and (g) subject to Section ~~26.10~~7.06 below, such other services as Landlord reasonably determines are necessary or appropriate for the Property. Tenant acknowledges that the additional costs Tenant is obligated to pay for services outside of Building Service Hours may include minimum charges incurred by Landlord to provide such service for periods longer than actually requested by Tenant. Without limiting the generality of the foregoing, by way of example only, Tenant may request freight elevator service for 1 hour beyond Building Service Hours, but if Landlord must incur a minimum charge of union labor for 4 hours in order to provide such 1 hour of requested service, Tenant shall reimburse Landlord for the minimum charge of 4 hours (plus an administration fee if applicable). Notwithstanding anything contained in this Lease to the contrary, if Baxter assumes the obligations of Landlord with respect to management of the Building in accordance with Section IV of Exhibit F, Tenant shall not be charged any administrative fees by or on account of Landlord as provided in clauses (b) and (d) of this Section 7.01. Tenant shall participate in any recycling programs adopted by Landlord. Tenant shall (i) obtain, at Tenant’s sole cost and expense, any services that are required for Tenant to operate its business in the Premises and that are not Landlord’s express responsibility under this Lease and (ii) pay, prior to delinquency, for all such services, and if Tenant fails to timely do so, Landlord may, at its option (and without any obligation to investigate the validity of the amounts due), do so and Tenant shall reimburse Landlord therefor (plus interest at the Interest Rate until paid, including after the entry of any judgment) upon demand. Landlord shall have the right to designate the service provider for any such services, subject to Section 7.06 below. If Landlord, at Tenant’s request, ~~provides~~ elects to provide any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to ~~Section~~ Article 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the actual, out-of-pocket cost of providing such service ~~plus an~~ plus, to the extent permitted by applicable Laws, a reasonable administrative charge not to exceed 5% of ~~ten percent~~ such cost. Notwithstanding anything to the contrary contained herein, (~~10%~~1) Tenant shall not be required to pay any charges for the following used prior to the applicable Commencement Date for each space constituting the Premises in connection with construction of the Initial Alterations: freight elevator(s), HVAC or water; and (2) Tenant shall not be required to pay any electrical charges used in connection with construction of the ~~same~~ Initial Alterations prior to ~~constitute Additional Rent hereunder~~(A) with respect to Space 1, Space 3 and Space 6, the earlier of the date on which Tenant commences beneficial use of Space 1, Space 3 and Space 6, respectively, and the Space 1, Space 3 and Space 6 Commencement Date, (B) with respect to Space 2, the Space 2 Commencement Date, (C) with respect to Space 4, the Space 4 Commencement Date, and (D) with respect to Space 5, the Space 5 Commencement Date. ~~7.02 Electricity~~ 7.02. Subject to the provision below with respect to excess electrical usage, electricity and water used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by ~~Tenant~~ Tenant: (a) through inclusion in Expenses with respect to water and all electricity usage other than for lighting and outlets in the Premises; or (b) by ~~a separate, flat-rate~~ separate charge ~~(except~~ billed by the ~~same may be increased as hereinafter provided in this Section 7.02)~~ applicable utility company and payable directly by Tenant with respect to ~~Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of~~ electricity for lighting and outlets in the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building ~~standard usage of six (6) xxxxx~~ capacity, per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. If Landlord charges Tenant a separate charge for electricity or water, Landlord shall have the right to measure ~~electrical~~ usage of such utility by any commonly accepted ~~methods~~method, ~~including the installation of~~ including, without limitation, installing (or requiring Tenant to install) measuring devices such as submeters and check meters, at Tenant’s expense. ~~If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total~~ The cost of ~~Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems~~ electricity and water to be ~~standard for the Building,~~ paid by Tenant shall ~~pay~~ include all federal, state and local taxes imposed upon or payable in connection with utility services. To the extent utility charges to the Premises are not billed directly to Tenant, Landlord ~~Additional Rent for~~ shall include the cost ~~of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)~~thereof in Expenses without any markup. ~~7.03~~ 7.03. Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) or any other cause (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding~~ Without limiting the foregoing, ~~if all~~ Tenant agrees that Landlord shall not be liable to Tenant for any loss or ~~any portion~~ damage, including the theft of ~~the Premises is rendered Untenantable (as defined below) solely as a result~~ Tenant’s Property, arising out of or in connection with the failure of any ~~Essential Service~~ security services, personnel or equipment. However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 7.04. If any lights, machines, equipment or methods or operation are used by Tenant in the Premises which materially affect the temperature otherwise maintained by the HVAC system of the Building or generate substantially more heat in the Premises than would be generated by lighting standard to the Building and normal tenant use, Landlord shall have the right to install any machinery and equipment which Landlord deems necessary to restore the temperature balance in any affected part of the Building. The reasonable, out-of-pocket cost thereof, including the cost of installation and any additional cost of operations and maintenance occasioned thereby, shall be paid by Tenant to Landlord within thirty (30) days after written demand therefor. 7.05. Tenant agrees to cooperate fully, at all times, with Landlord in abiding by all reasonable regulations and requirements which Landlord may prescribe to conserve energy related services or for the proper functioning and protection of all utilities and services reasonably necessary for the operation of the Premises and the Building. 7.06. Provided the Lease has not been assigned (other than pursuant to a Permitted Transfer or Baxalta Transfer): (a) Notwithstanding the terms of Section 7.01(f), subject to Landlord’s reasonable consent and prior review and approval of any applicable plans and specifications (which consent shall not be unreasonably withheld, conditioned or delayed), Tenant shall have the right, from time to time, to establish and implement reasonable security procedures and policies upon at least sixty (60) days prior notice to Landlord, and to install reasonable security features, such as alarm systems, gates and fencing at the Property (collectively, “Security System”). The cost of implementing such procedures and policies shall be included in Expenses if provided by Landlord at the request of Tenant. If Tenant exercises its right to install the Security System, Tenant shall install the Security System pursuant to Section 9.03, and the cost of installation shall be paid directly by Tenant to the contractors performing the work in accordance with Section 9.03. In addition, if Tenant exercises its right to install the Security System, then thereafter, (i) Tenant shall keep and maintain the Security System in good working order, condition and repair throughout the Term of this Lease at Tenant’s sole cost, (ii) the installation, maintenance, use and operation of the Security System shall comply with all applicable Laws and the terms of this Lease, and (iii) Tenant shall provide Landlord with key cards or access codes, as applicable, to permit Landlord access to the Property and the Premises, subject to Article 10 and the other terms of this Lease. Tenant acknowledges and agrees that, if Tenant exercises its right to install the Security System, the use, installation, operation, maintenance and repair thereof shall be at Tenant’s sole risk and Landlord shall have no liability whatsoever in connection therewith. Tenant hereby waives any and all claims against Landlord for any damages arising from Tenant’s exercise of its rights under this Section 7.06(a). Furthermore, Tenant agrees to indemnify, defend and hold Landlord and the Landlord Related Parties (as defined ~~below~~in Article 13) ~~due~~ harmless from and against any and all Claims (as defined in Article 13) arising in any manner from implementation of procedures and policies requested by tenant and from Tenant’s installation, operation (including, without limitation, the failure to operate), use, repair or maintenance of the Security System. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall, at Landlord’s option, remove the Security System from the Property and restore the affected portions of the Property to the condition which existed prior to the installation of the Security System. (b) Upon request by Tenant at least ninety (90) days prior to Tenant’s desired effective date, Tenant, at its sole cost, may provide security services for the Property through its own personnel or personnel engaged by Tenant directly, in which event Landlord shall no longer provide the services, if any, described in Section 7.01(f) above, provided such security services furnished by Tenant are reasonably satisfactory to Landlord, and the costs of the services, if any, described in Section 7.01(f) above, to the extent no longer provided, shall not be included in Expenses. If Tenant so elects to provide security services, Tenant waives any and all claims against Landlord for any damages arising from Tenant’s ~~negligence or willful misconduct~~ exercise of its rights under this Section 7.06(b). Furthermore, Tenant agrees to indemnify, defend and ~~Tenant does~~ hold Landlord and the Landlord Related Parties harmless from and against any and all Claims arising in any manner from Tenant’s provision of security services for the Property (including, without limitation, any failure to provide such services). The foregoing shall not ~~use or occupy the same during said period, then~~ affect Tenant’s obligation ~~pay Base Rent~~ to assume certain security functions as described and ~~Additional Rent hereunder shall be abated~~ under the conditions set forth in ~~proportion~~ Section 9.04. (c) To the extent Tenant exercises any of its rights in this Section 7.06 prior to ~~the portion of the Premises rendered Untenantable until~~ the date on which ~~such Untenantability is cured~~Landlord delivers Space 2, ~~provided that such abatement~~ Space 4 or Space 5 to Tenant, Tenant shall not ~~commence until~~ unreasonably interfere with access of Barilla or Milliman to their respective premises 24 hours per day, 7 days per week. Tenant, at its cost, shall furnish Barilla and Milliman with a sufficient number, as determined by Barilla and Milliman, respectively, of key cards, fobs and/or any other devices necessary to gain access to the ~~fifth (5th) Business Day after~~ Building and the ~~date on which Tenant delivers written notice to Landlord~~ Property and installed by Tenant. 7.07. During the Term of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, Tenant shall be entitled to use Tenant’s Pro Rata Share of all parking areas at the Property (including, without limitation, the indoor parking areas). Tenant’s use of such parking areas shall be subject to ~~such monthly cap. In~~ the ~~event that the foregoing monthly cap would have the effect~~ terms of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.Exhibit H.

Appears in 1 contract

Samples: Office Lease Agreement (Baxalta Inc)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water service for use in the ~~Base Building lavatories and drinking purposes~~base building lavatories; (b) customary heat and air conditioning ("HVAC") in season ~~during~~ from 8:00 A.M. to 6:00 P.M., Monday through Friday and upon request by Tenant given prior to 4:00 P.M. on Friday from 8:00 A.M. to 12:00 P.M. Saturday (excepting nationally recognized holidays, which currently include New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day) (collectively, the "Building Service ~~Hours (~~Hours"), ~~although (i)~~ and Tenant shall have the right to receive HVAC service during hours other than the Building Service Hours by paying Landlord~~’s then standard~~ 's charge for additional HVAC ~~service~~ service, which charge shall be equal to Landlord's actual costs for utilities consumed plus a 4823-6605-5163.8 3 FLIGHT AT TUSTIN LEGACY ChromaDex standard administrative and depreciation charge with a two (2) hour minimum and providing such reasonable prior notice as is ~~reasonably~~ specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard ~~janitorial service on Business Days; (d~~janitor service;(d) ~~unattended~~ passenger elevator service; and (e) Building standard electricity ~~in accordance with~~ for general office purposes, not to exceed five (5) xxxxx connected load per rentable square foot of the ~~terms and conditions in Section 7.02; (f) access to the~~ Premises calculated on a monthly basis for Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the PropertyService Hours. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s 's option, be paid for by Tenant either: (i) through inclusion in Expenses (except as provided for excess usage); (ii) by a ~~separate, flat-rate~~ separate charge ~~(except the same may be increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to ~~Landlord monthly with Rent, initially estimated~~ Landlord; or (at iii) by separate charge billed by the ~~rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder~~applicable utility company. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s 's failure to furnish, or any interruption, diminishment or termination of of, services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section ~~26.03) (collectively a “Service Failure”~~28.02) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding~~ If Tenant uses water, electricity, heat or air conditioning in excess of the ~~foregoing~~Building standard level of services supplied by Landlord pursuant to the terms hereof, or if Tenant's consumption of electricity shall exceed Building standard electrical consumption as referenced in subsection 6(e) above, Tenant shall pay to Landlord, upon actual billing, the cost incurred for such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption. In order to measure the amount of electricity provided to the Premises, Landlord may, at its sole discretion and at Landlord's sole cost and expense, install devices to separately meter Tenant's electrical consumption. Further, Tenant shall not install any supplemental or stand alone HVAC or cooling equipment or systems without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord may condition such consent upon the installation of separate meters to measure any related consumption of chilled water or electricity and compliance with Landlord's design criteria so as not to affect base Building systems or equipment. Tenant's use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises that will result in excess utilities consumption, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of this Section 6, Tenant shall give Landlord such prior notice, if ~~all or any portion~~ any, as Landlord shall from time to time establish as appropriate, of ~~the Premises is rendered Untenantable~~ Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder which shall be ~~abated in proportion~~ treated as Additional Rent) as Landlord shall from time to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure sametime establish. The ~~rate at~~ current hourly cost, which ~~Base Rent or Additional Rent may be abated under this Section 7.03~~ is subject to increase in ~~any one calendar month shall not exceed twenty~~Landlord's reasonable discretion, is Sixty-~~five percent~~ Five Dollars (~~25%~~$65.00) per hour per zone within the Premises. During the Term of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, or any extensions thereof, as a benefit to the tenants of the Property, Landlord may elect to provide certain amenities at the Project for use by tenants and their employees (with any such offerings collectively being referred to as the “Amenities”). For example, Amenities may include a conference center (the “Conference Center”), a fitness center (the “Fitness Center”) and food service. Landlord shall have the right (a) to determine and/or alter the size and location of such Amenities and the type of equipment provided, (b) to include in Expenses all management, operation, maintenance, repair and equipment replacement costs related to the Amenities (including, without limitation, a market rent amount for the rentable square footage of the Amenities), and (c) to include the rentable square footage of the Amenities in the common area “add on” factor for all measurement purposes for the Project. Tenant shall pay Landlord’s regular charge for use of the Conference Center and for the cost of any special services related to Tenant’s use of the Amenities, e.g., long-distance phone calls, catering, set up or take down and cleaning costs, after-hours HVAC service (with a two (2) hour minimum), personal training services, etc. (“Special Amenity Services”). Tenant must schedule use of the Conference Center with Landlord in advance, and Tenant’s use thereof shall be subject to availability and governed by Landlord’s commercially reasonable rules and regulations for the Conference Center that are then in effect. Costs to maintain and operate the Amenities shall be included in Expenses. Tenant acknowledges and agrees that Tenant’s and any Tenant Related Party’s use of the Amenities is voluntary and, in consideration of the use of the Amenities, shall be undertaken by Tenant and such ~~monthly cap~~Tenant Related Party at its sole risk. In Neither Landlord nor Landlord’s officers, directors, managers, servants, agents and/or employees (collectively, the ~~event that~~ “Released Parties”) shall be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever arising out of or connected with Tenant’s and any Tenant Related Party’s use of the ~~foregoing monthly cap would have the effect of depriving Tenant~~ Amenities and their facilities and services. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, TENANT DOES HEREBY EXPRESSLY FOREVER WAIVE, RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY ARISING FROM ALL SUCH CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS AND/OR CAUSES OF ACTION, INCLUDING LIABILITY FROM ALL ACTS OF ACTIVE OR PASSIVE NEGLIGENCE, INCLUDING SOLE OR GROSS NEGLIGENCE, ON THE PART OF THE RELEASED PARTIES. Further, as a condition to each person’s use of any ~~portion~~ Fitness Center, Tenant shall cause each person using the Fitness Center to execute a release on Landlord’s standard form prior to such party’s use of ~~abatement to which it is otherwise entitled hereunder due to~~ the ~~number~~ Fitness Center. The waivers contained in this paragraph shall survive the expiration or earlier termination of ~~calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result~~this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (ChromaDex Corp.)

Appears in 1 contract

Samples: Office Lease Agreement (KAYAK SOFTWARE Corp)

Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories and drinking purposes~~lavatories; (b) customary heat and air conditioning in season during Building Service ~~Hours (, although (i)~~ Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by ~~Landlord~~ Landlord; provided, however, that Tenant shall be entitled to use up to ten (10) hours of additional HVAC service beyond Building Service Hours without charge for each full calendar month of the Term. As of the date of this Lease, Landlord’s ~~current~~ charge for ~~afterhours HVAC~~ after hours heating and air conditioning service is $60 59.00 per ~~hour~~hour with a 2 hour minimum, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time ~~and~~ (Landlord agrees that any increases in such ~~connection and use~~ charge for after-hours HVAC service shall be ~~subject~~ limited to increases in Landlord’s actual, reasonable ~~approval and reasonable restrictions imposed by Landlord, and Landlord shall have~~ costs of supplying the ~~right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord~~after-hours HVAC services); (c) standard janitorial service on Business Days; (d) ~~unattended elevator~~ Elevator service; (e) ~~electricity~~ Electricity in accordance with the terms and conditions in Section 7.02; (f) ~~access~~ Access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this ~~Lease~~ Lease, and such ~~protective services~~ security or monitoring ~~systems, if any,~~ systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. With respect to clause (b) above, so long as the ALC System (as defined below) is in effect and servicing the Premises and the Building, notwithstanding anything to the contrary contained in this Section 7.01, the only prior notice that shall be necessary will be for Tenant to telephone into the Building’s ALC Energy Management System (the “ALC System”) from any touch-tone telephone to request immediate service and invoices therefor will be generated by the ALC System. If ~~Landlord~~Tenant requires heat or air conditioning during hours other than Business Service Hours, charges for such services will be prorated by Landlord between each requesting user-tenant (if more than one tenant in the same service zone requests additional heat or air conditioning at the same time) and the proration shall be based on the area of the Building leased to such tenants and their respective periods of use. In addition, Tenant may install, at ~~Tenant’s request~~its sole expense, ~~provides any services which are not~~ supplemental heat, ventilation and air-conditioning systems and equipment, subject to Landlord’s ~~express obligation under~~ approval in accordance with Section 9.03 of this Lease, ~~including, without limitation, any repairs which are Tenant’s responsibility pursuant~~ such approval not to ~~Section 9 below,~~ be unreasonably withheld or delayed. Tenant shall ~~pay Landlord~~be responsible for the repair and maintenance of such supplemental systems, ~~or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder~~if any. 7.02 Electricity used by Tenant in Suite 120 of the Premises ~~shall~~shall be measured by an electric meter or submeter, which shall be separately dedicated to Suite 120 of the Premises (but not other portions of the Premises). Tenant shall apply to the applicable utility company to connect and install such meter or submeter, all of the costs of the installation and connection of such meter or submeter shall be paid for by Tenant, at ~~Landlord~~Tenant’s ~~option~~sole cost and expense (the installation and operation of which Tenant agrees to have completed on or before the Commencement Date), and electricity usage for Suite 120 of the Premises shall be paid for by Tenant by separate charge billed by the applicable utility company and payable directly by Tenant, including all utility hookup, connection and impact fees and permits. Further, although electricity service for Suite 120 of the Premises is to be separately metered as of the Commencement Date, Tenant acknowledges and agrees that electricity costs for the Common Areas and the other portions of the Building (including, but not limited to, the other portions of the Premises) shall be included in Expenses chargeable to Tenant. If Tenant fails to pay any utility xxxx within 45 days after the due date, Landlord may, but shall not be obligated to, pay such bills (without any duty to investigate the validity thereof), in which event Tenant shall immediately reimburse Landlord, as Additional Rent, for the amount paid by Landlord plus interest at the rate equal to the lesser of (1) 18% per annum or (2) the greatest per annum rate of interest permitted from time to time under applicable Law. All utility connections and tie-ins to the base building systems by or on behalf of Tenant are to be performed by a ~~separate~~licensed contractor reasonably approved by Landlord and must be coordinated with Landlord’s Building Manager. At Tenant’s cost, ~~flat~~the contractor shall make all connections (and pay all connection, tap-~~rate~~ on or fixture fees or similar fees arising in connection with utilities supplied to Suite 120 of the Premises), furnish any necessary extensions from such point of connection to Suite 120 of the Premises or as otherwise required, and remove any temporary connections upon completion of the work. The contractor will provide the Building Manager verification that all tie-ins and connections are correct. All connections and tie-ins for electricity required in Suite 120 of the Premises by Tenant shall be connected to the main switch gear for the Building, or such other location as Landlord may otherwise specify. If at any time during the Term, an electric meter or submeter is not operating and separately dedicated to any portion of the Premises (including, but not limited to, Xxxxx 000 of the Premises), electricity used by Tenant in such portion(s) of the Premises shall be paid for by Tenant through inclusion in Expenses, or Landlord may charge Tenant directly for a portion of the cost of electricity based on (~~except~~ i) the ~~same may~~ square footage of such portion(s) of the Premises as a percentage of the total square footage of the tenants in the Building using electricity for their spaces and/or (ii) Landlord’s reasonable estimate of Tenant’s usage of electricity. If Landlord charges Tenant directly for any utility (including, but not limited to, electricity), such charge shall be ~~increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to Landlord ~~monthly with Rent~~within 30 days after billing by Landlord, ~~initially estimated (at~~ plus Landlord’s reasonable administrative costs. Electricity used by Tenant in the ~~rate of $1.50 per rentable square foot~~ balance of the ~~Premises~~Premises (other than Suite 120) to shall be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable paid for by Tenant ~~hereunder based on actual increases~~ through inclusion in ~~the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord~~Expenses. Without the consent of Landlord, Tenant’s use of electrical service shall not ~~exceed~~ exceed, either in voltage, rated capacity, overall load, or (with respect to the balance of the Premises other than Suite 120 or if at any time during the Term, an electric meter or submeter is not operating and separately dedicated to Suite 120 of the Premises) use beyond Building Service Hours, or that which Landlord reasonably deems to be standard ~~usage~~ for the Building, which at the time of ~~six (6)~~ the execution of this Lease is a total of 5.0 xxxxx per rentable square ~~foot~~foot of the Premises (which total amount is comprised of 1.5 xxxxx per rentable square foot applicable to lighting and 3.5 xxxxx per rentable square foot applicable to other power services), ~~as reasonably determined by Landlord, based upon~~ and such amount shall not be reduced during the ~~Building standard electrical design load~~Term of this Lease. Landlord shall have the right to measure electrical usage by commonly accepted methods. With respect to the balance of the Premises other than Suite 120 (and if at any time during the Term, ~~including~~ an electric meter or submeter is not operating and separately dedicated to Suite 120 of the ~~installation of measuring devices such as submeters and check meters. If~~ Premises), if it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Buildingexcess electricity, Tenant shall pay Landlord ~~Additional Rent~~ for the cost of such excess electrical usage ~~and, if applicable, for the cost of purchasing and installing the measuring device(s)~~as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding~~ However, and notwithstanding the ~~foregoing~~foregoing or any other provision of this Lease, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable (as defined below) solely~~ Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the ~~failure~~ control of ~~any Essential Service (as defined below) due~~ Landlord to ~~Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period~~correct, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered ~~Untenantable until~~ untenantable by the ~~date on which such Untenantability is cured~~Service Failure, ~~provided that such~~ the amount of abatement shall ~~not commence until~~ be equitably prorated. For purposes of this Section 7.03, the ~~fifth~~ term “material portion” shall mean either: (~~5th~~a) ~~Business Day after the date on which Tenant delivers written notice to Landlord~~ at least five percent (5%) of the ~~interruption and an opportunity,~~ rentable square feet in the operations center within ~~such five~~ the Premises; or (5b) ~~Business Day period, to cure same. The rate~~ at ~~which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed~~ least twenty-five percent (25%) of the ~~Base Rent payable~~ aggregate rentable square feet of the Premises. Further, a Service Failure shall expressly exclude any failure in the performance or service of the Generator (as defined in Section 2 of Exhibit F to this Lease). 7.04 Subject to the terms of this Lease, Tenant will have the right, during the Term of this Lease, at Tenant’s sole cost and expense, to arrange for ~~such calendar month~~its own telecommunications services to be brought into the Building and distributed directly to the Premises. Tenant may contract for the provision of telecommunications services with the supplier providing telecommunications services to the Building as of the date of this Lease or with an alternative provider reasonably acceptable to Landlord, provided that in the event Tenant’s telecommunications provider is not the current provider, such telecommunications provider shall, at Landlord’s request, enter into Landlord’s standard license agreement for the intended purpose. Landlord hereby approves Sprint as Tenant’s telecommunications provider. Landlord will make available to Tenant, without additional charge, such riser space sufficient to install two (2), two-inch (2”) conduits running from the basement of the Building to the Premises. Subject to the terms and conditions of this Lease (and any ~~amount not permitted~~ license agreement entered into by Landlord and Tenant’s telecommunications provider, if any) Tenant shall have the right to ~~be taken as an abatement as a result~~ route its conduits through at least two (2) diverse riser shafts for the purposes of redundancy. All work in connection with the installation of such ~~monthly cap~~ conduit, including core drilling, if required, shall be ~~credited against~~ performed by Tenant at Tenant’s sole cost and expense and in accordance with the ~~Base Rent or Additional Rent next thereafter due under~~ terms and conditions of this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the termincluding, ~~the monthly cap may be increased proportionately to the extent necessary to avoid such result~~without limitation, Section 9.03.

Appears in 1 contract

Samples: Office Lease Agreement (Virgin America Inc.)

Building Services. ~~7.01~~ Landlord agrees to furnish or cause to be furnished to the Premises the following utilities and services, subject to the conditions and standards set forth herein, the cost of which shall ~~furnish Tenant~~ either be Operating Expenses or a Direct Reimbursement Expenses in accordance with the ~~following services:~~ terms of this Lease: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees, 24 hours a day, 7 days a week. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes; (b) customary~~ Premises with typical heat and occupancy loads for the Permitted Use; provided, however, that if Tenant shall require heating, ventilation or air conditioning in ~~season during Building Service Hours (~~excess of that which Landlord shall be required to provide hereunder, ~~although (i) Tenant~~ Landlord may provide such additional heating, ventilation or air conditioning at such rates and upon such additional conditions as shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change be determined by Landlord from time to time~~), and (ii) if~~ . Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall will have the right to request, upon reasonable advance written or email notice to Landlord, HVAC services for the Premises after Business Hours, and Tenant will be responsible for paying Landlord’s then hourly charge ~~Tenant a connection fee and/or a monthly usage fee,~~ for supplying such services (as reasonably determined by ~~Landlord;~~ Landlord from time to time) as additional Rent. Tenant acknowledges that at present, notification for HVAC services during weekends would have to be provided no later than 2:00 PM on the preceding Friday. The hourly cost for HVAC supplied after Building Hours as of the Lease Date is $75.00 per hour (cC) ~~standard~~ Water for drinking and rest room purposes. (D) Reasonable janitorial ~~service on Business Days;~~ and cleaning services five (d5) ~~unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access~~ days per week to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and Common Areas. (gE) ~~subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at~~ At Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowsole cost, Tenant shall ~~pay~~ contract with Landlord~~, or such other party designated by Landlord~~’s janitorial vendor to provide janitorial and cleaning services to the Premises five (5) days a week and, the cost of ~~providing such service plus an administrative charge~~ removal of ~~ten percent (10%)~~Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to ~~constitute Additional Rent hereunder~~normal office usage. ~~7.02 Electricity used~~ (F) An access control security system for after-hours use by all tenants in the Building. (G) Notwithstanding anything to the contrary set forth in this Section 7.1, Landlord and Tenant acknowledge that the Premises will be separately metered for electricity serving the lights and convenience outlets and server rooms in the Premises. Tenant will pay any costs of installing, maintaining or replacing such separate utility meter, and Tenant will reimburse Landlord directly for such separately metered electricity. Notwithstanding such separate metering of electricity usage within the Premises if Tenant’s increased electrical requirements or other sources of heat will materially affect the temperature level in the Premises ~~shall~~or the Building, ~~at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same~~ Landlord may ~~be increased as hereinafter provided in this Section 7.02) payable by~~ require Tenant to pay such amounts as will be incurred by Landlord ~~monthly with Rent, initially estimated (at~~ to install and operate any machinery or equipment necessary to restore the ~~rate of $1.50 per rentable square foot of the Premises)~~ temperature level to that otherwise required to be in provided by Landlord, including but not limited to the ~~amount~~ cost of ~~$1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder~~modifications to the air conditioning system. Landlord shall ~~have~~ not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the ~~right from time~~ quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. (H) Any amounts which Tenant is required to ~~time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof)~~ pay to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right pursuant to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.1 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable within thirty (30) days after written demand by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional Rent.

Appears in 1 contract

Samples: Office Lease (Omniture, Inc.)

Building Services. ~~7.01 Landlord shall furnish Tenant with the following services:~~ (a) ~~hot~~ Landlord shall provide, within its Building standards, the following services and ~~cold water~~ facilities: (1) Heating, ventilating and air conditioning, Monday to Friday from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. (hereinafter "Business Hours"), except on the holidays set forth on Exhibit C (hereinafter "Holidays"). Tenant agrees to cooperate fully with Landlord and to abide by all the rules and regulations which Landlord may reasonably prescribe for ~~use~~ the proper functioning and protection of the heating, ventilating and air conditioning systems; (2) Electricity for normal office use, including normal office equipment, in the ~~Base~~ Premises, during Business Hours (3-1/2 watts per rentable square foot per day is deemed normal offxxx xse). Tenant agrees to pay for the installation of a separate electric meter for all electrical usage above normal office use. Tenant agrees to pay Landlord for all electricity registered on said meter at the current general service rate; (3) Cleaning and maintenance of common areas in the Building, including bathroom facilities; (4) Continuous passenger elevator service during Business Hours, and service via at least one car at all other times; freight elevator service from 8:00 A.M. to 4:00 P.M., Monday through Friday, except Holidays; (5) Janitorial services, including cleaning of Premises, in accordance with Landlord's Building standard schedule, which is annexed hereto as Exhibit D. Landlord shall not be required to furnish cleaning services to any kitchens, lunchrooms or non-Building standard lavatories in the Premises; and (6) Water for lavatory and drinking purposes~~; (b) customary heat and air conditioning in season during Building Service Hours (, although (i)~~ . Tenant shall ~~have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge~~ reimburse Landlord for all additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed cleaning expenses incurred by Landlord, including but not limited to, garbage and ~~Landlord shall have~~ trash removal expense over and above the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated normal cleaning provided by Landlord, due to the ~~cost~~ presence of ~~providing such service plus an administrative charge of ten percent (10%),~~ a lunchroom or kitchen or food and beverage dispensing machines within the ~~same to constitute Additional Rent hereunder. 7.02 Electricity used~~ Premises. No food or beverage dispensing machines shall be installed by Tenant in the Premises ~~shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except~~ without the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the prior written consent of Landlord, . Landlord hereby consents to Tenant’s 's installation of beverage and food dispensing machines in the lunchroom of the Premises for the exclusive use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters Tenant's employees and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)invitees. ~~7.03 Landlord’s failure to furnish~~(b) Landlord does not warrant that the services provided for in paragraph 12 (a) above shall be free from any slowdown, interruption or ~~any interruption, diminishment or termination of services~~ stoppage due to the ~~application of Laws, the failure~~ order of any ~~equipment~~governmental bodies and regulatory agencies, or caused by the ~~performance of~~ maintenance, ~~repairs~~repair, ~~improvements~~ replacement or improvement of any of the equipment involved in the furnishing of any such services, or caused by changes of services, alterations, ~~utility interruptions~~ strikes, lockouts, labor controversies, fuel shortages, accidents, acts of God or the ~~occurrence~~ elements or any other cause beyond the reasonable control of Landlord. No such slowdown, interruption or stoppage of any such services shall ever be construed as an ~~event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant~~eviction, ~~constitute a constructive eviction~~ actual or constructive, of Tenant, ~~give rise to an~~ nor shall same cause any abatement of ~~Rent, nor~~ annual Base Rent or additional rent or in any manner or for any purpose relieve Tenant from ~~the obligation to fulfill~~ any ~~covenant or agreement. Notwithstanding the foregoing, if all or any portion~~ of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due its obligations under this Lease. Landlord agrees to use reasonable diligence to resume the service upon any such slowdown, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultinterruption or stoppage.

Appears in 1 contract

Samples: Lease (Judge Group Inc)

Building Services. 7.01 Landlord shall furnish Tenant with the following services, which services shall be provided to Tenant as a part of “Expenses”, as that term is defined in Section 2.01 of Exhibit B attached hereto, except to the extent Tenant is responsible for same under Section 7.02 below or to the extent expressly excluded pursuant to the terms and conditions of Exhibit B: (a) ~~hot and cold~~ water for use in the Base Building lavatories and ~~drinking purposes~~for reasonable use in the Premises 24 hours per day, 7 days per week; (b) customary heat and air conditioning in season during Building Service ~~Hours (~~Hours, ~~although (i)~~ at such temperatures and in such amounts as are reasonably standard for Comparable Buildings for normal comfort for normal office use or as required by governmental authority. Landlord shall cause the HVAC system in the Building to perform in accordance with the design specifications attached hereto as Exhibit K. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice both as is reasonably specified by Landlord (~~Landlord’s~~ Landlord agrees that the current ~~charge~~ rate for ~~afterhours~~ after-hours HVAC is $60 130.00 per ~~hour, subject to change~~ hour and that such rate shall only increase hereafter by ~~Landlord from time to time~~actual increases in utility and labor costs), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business ~~Days~~Days in accordance with the cleaning specifications attached hereto as Exhibit I, or such other reasonably comparable specifications reasonably designated by Landlord from time to time, but in no event at a level of service below that provided by other first-class high-rise buildings owned by the original Landlord or entities affiliated with Equity Office, and if original Landlord or entities affiliated with Equity Office no longer owns the Building at a level of service below that provided by Comparable Buildings; (d) ~~unattended~~ automatic Elevator service, provided that, subject to Force Majeure, at least 1 passenger elevator ~~service~~servicing the Premises shall be available for the use of Tenant, in common with other occupants of the Building, 24 hours a day, 365/6 days per year; (e) ~~electricity~~ Electricity in the Premises 7 days per week, 24 hours per day subject to Tenant’s obligation to pay for above Building standard electrical usage in accordance with Section 7.02 (Landlord represents to Tenant that the ~~terms and conditions in Section 7.02~~Building can supply to the Premises an amount equal to 5 xxxxx per usable square foot connected load); (f) reasonable access to control services for the Building ~~for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose,~~ (including, without limitation, ~~sign~~a guard desk in the Building lobby), 7 days per week, 24 hours per day, in a manner consistent with other first-class high-rise Buildings owned by the original Landlord or entities affiliated with Equity Office, and if original Landlord or entities affiliated with Equity Office no longer owns the Building at a level of service consistent with that of other Comparable Buildings. Notwithstanding the foregoing, but subject to Section 13 below, Landlord shall in ~~procedures and/or presentation~~ no case be liable for personal injury or property damage for any error with regard to the admission to or exclusion from the Building or the Property of ~~identification cards~~any person, except to the extent of the gross negligence or willful misconduct of Landlord or Landlord Related Parties; ~~and~~ (g) ~~subject to Section 26.10~~window washing services, but in no event at a level of service below that provided by other first-class high-rise buildings owned by the original Landlord or entities affiliated with Equity Office, and if the original Landlord or entities affiliated with Equity Office no longer owns the Building at a level of service below that provided by Comparable Buildings; (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property~~. If Landlord, at~~ ; and (g) Tenant’s ~~request, provides any services~~ proportionate share of the Building’s riser system for the purpose of installing appropriate cabling in connection with Tenant’s use of the Premises. The method and manner in which ~~are not~~ Tenant uses the risers shall be subject to Landlord’s ~~express obligation under this Lease~~reasonable, ~~including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant~~ nondiscriminatory approval. Landlord shall ~~pay Landlord, or such other party designated by Landlord,~~ maintain and operate the ~~cost~~ Common Areas and Base Building in a first-class manner reasonably consistent with that of ~~providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder~~Comparable Buildings. 7.02 Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant ~~by a separate, flat-rate charge~~ through inclusion in Expenses (except ~~the same may be increased~~ as ~~hereinafter~~ provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annumfor excess usage), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not ~~exceed the~~ exceed, either in voltage, rated capacity, use above “Building standard ~~usage of six (6) xxxxx per square foot~~usage” or overall load, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, . In connection with a determination of whether Tenant’s usage of electrical service constitutes above “Building standard usage,” Tenant shall ~~pay Landlord Additional Rent for~~ only be deemed to be using the ~~cost~~ electrical service in excess of ~~such~~ “Building standard usage” in the event that Tenant uses in excess ~~electrical usage and, if applicable, for the cost~~ of ~~purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination~~ 5 xxxxx of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion connected load per usable square foot of the Premises ~~is rendered Untenantable~~ for the number of hours constituting Building Service Hours, calculated on a monthly basis but specifically excluding any electricity supplied to any Supplemental HVAC Units (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.Section

Appears in 1 contract

Samples: Office Lease Agreement (Boingo Wireless Inc)

Building Services. ~~7.01~~ As long as Tenant is not in monetary default under this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, as defined in Section 1.11 of this Lease, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes; (b) customary heat and~~ Premises. Landlord may make available to Tenant heating, ventilation or air conditioning in ~~season~~ excess of that which Landlord shall be required to provide hereunder. If Tenant needs HVAC during ~~Building Service Hours~~ non-Business Hours, Tenant shall provide no less than forty-eight (48) hours’ prior notice to Landlord and pay as additional rent the cost of afterhour HVAC at the Building’s prevailing rates, ~~although~~ subject to change. Said Landlord’s fee for any such additional HVAC provided to Tenant, will be separate from and in addition to the Tax and Operating Expenses Adjustment provided in Article IV. (C) Water for rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current of not less than 3.5 wxxxx per square foot for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord’s consent, Tenant shall ~~have~~ not install, or permit the ~~right~~ installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord provide hereunder (~~Landlord’s current charge for afterhours HVAC is $60 per hour~~provided, ~~subject to change by Landlord from time to time~~however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s ~~failure~~ consent may be conditioned upon Tenant’s requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure (defined in~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.01 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable upon demand by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 1 contract

Samples: Office Lease (Barfresh Food Group Inc.)

Building Services. ~~7.01 Landlord shall furnish Tenant with the following services:~~ (a) ~~hot~~ Landlord shall furnish, 24 hours per day, 7 days ----------------- per week, heating and ~~cold water~~ cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for ~~use~~ occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of Premises Rentable Area and an electrical load not exceeding 3.0 xxxxx per square foot of Premises Rentable Area. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the ~~Base Building lavatories~~ system's ability to perform adequately its proper functions, supplementary systems may, if and ~~drinking purposes;~~ as needed, at Landlord's option (but after consultation with Tenant), be provided by Landlord, at Tenant's expense. (b) ~~customary heat and air conditioning in season during Building Service Hours (, although~~ Landlord shall also provide: (i) Passenger elevator service from the existing passenger elevator system. (ii) Domestic water service (at temperatures supplied by the city in which the Property is located) for drinking, lavatory and toilet purposes, and connection to the municipal sewer system. (iii) Snow and ice removal to the walks, driveways and parking areas which Tenant ~~shall have~~ is entitled to use under this Lease, and landscaping of the ~~right~~ surrounding grounds. (iv) Free access to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hourthe Premises at all times, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity security precautions from time to time ~~and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord~~in effect, and subject always to restrictions based on emergency conditions. (c) Landlord shall have no obligation whatsoever to provide any security for the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services Premises or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If ~~Landlord, at~~ and to the extent that Tenant desires to provide security for the Premises or for Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below's employees and invitees or their property, Tenant shall ~~pay Landlord~~be responsible for so doing. Tenant agrees that, ~~or such other party designated by Landlord~~as between Landlord and Tenant, it is Tenant's responsibility to advise its agents, employees, contractors and invitees as to the ~~cost of providing such service plus an administrative charge of ten percent (10%), the same~~ foregoing and as to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlordnecessary and appropriate safety precautions. Without in any way limiting the ~~consent~~ operation of ~~Landlord~~Article 10 hereof, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for ~~the cost~~ itself and its agents, employees, contractors and invitees, hereby expressly waives any claim, action, cause of ~~purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish,~~ action or ~~any interruption, diminishment~~ other right which may accrue or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render arise against Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of any damage or injury to the ~~failure~~ person or property of Tenant or any ~~Essential Service (as defined below) due~~ such agent, invitee, contractor or employee, except to ~~Landlord’s negligence or willful misconduct and Tenant does not use or occupy~~ the extent that the same ~~during said period~~arises from the negligent act or omission of Landlord or its agents, ~~then Tenant’s obligation pay Base Rent~~ employees or contractors, and ~~Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured~~will indemnify and hold Landlord harmless from and against any loss, ~~provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to~~ cost, damage or expense suffered by Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of any such ~~monthly cap shall be credited against the Base Rent~~ claim, action, cause of action or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultother right.

Appears in 1 contract

Samples: Lease (Lycos Inc)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories and drinking purposes~~restrooms; (b) customary heat and air conditioning in season during Building Service ~~Hours~~ Hours; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, ~~although~~ subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (ig) such other services as Landlord reasonably determines are necessary or appropriate for the Property. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by ~~Landlord (~~Landlord~~’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if~~ . If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. ~~If Landlord~~If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services ~~which~~ that are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to the ~~cost of providing such~~ applicable service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for provider the cost of such ~~excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)~~services plus a reasonable administrative charge. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Office Lease Agreement (Atea Pharmaceuticals, Inc.)

Appears in 1 contract

Samples: Sublease Agreement (Jaguar Animal Health, Inc.)

Building Services. 7.01 Landlord shall at all times during the Term operate and maintain the Building and all Building systems running through and not exclusively serving the Premises consistent with the standard (the “Standard”) of a Class A commercial office building in the Stamford, Connecticut central business district and shall furnish Tenant in the Premises with the following ~~services~~services consistent with the Standard unless otherwise provided herein: (a) reasonable amounts of potable hot and cold water for ~~use in the Base Building lavatories~~ lavatory, toilet and ~~drinking~~ ordinary cleaning purposes; (b) customary heat and air conditioning in season during Building Service Hours in accordance with the specifications attached hereto as Exhibit H (HVAC Specifications), although Tenant shall have (i) ~~Tenant shall have~~ the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service ~~and providing such prior notice as~~ (which is ~~reasonably specified by Landlord~~ currently $100 per hour per floor with a two (~~Landlord’s current charge for afterhours HVAC is $60 per hour~~2) hour minimum, subject to ~~change by~~ additional charges for supplemental HVAC units pursuant to the terms of this Lease) and providing Landlord ~~from time to time)~~with at least five (5) hours prior written notice during Building Service Hours of such request, and (ii) ~~if Tenant~~ access to supplemental air conditioning by paying Landlord’s then standard charge therefor (which is ~~permitted~~ currently a tap in charge of $200.00 per ton to connect ~~any supplemental HVAC units~~ to the ~~Building’s~~ Building condenser ~~water loop or chilled water line~~water, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant plus a ~~connection~~ current monthly fee ~~and/or a monthly usage fee, as reasonably determined by Landlord~~of $40 per ton); (c) Building standard janitorial service on Business ~~Days~~Days in accordance with the cleaning specifications attached hereto as Exhibit I; (d) ~~unattended~~ elevator ~~service~~service three hundred sixty-five days/twenty-four hours per day/seven days per week; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building and the Garage for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards or electronic cards; (g) not less than one (1) attendant in the Building lobby during Building Service Hours and, during all other hours, a circulating and/or monitoring patrol shall be provided; and (gh) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. In the event Tenant installs any private restroom(s) and/or shower(s) in the Premises or any above standard kitchen, pantry(ies), fitness center and/or any other above standard improvements, Tenant shall be solely responsible for any and all cleaning, repairs and replacements to such restroom(s), shower(s), kitchen, pantry(ies), fitness center and/or any other above standard improvements. If ~~Landlord~~any additional cleaning of the Premises is to be done by Tenant, it shall be done at Tenant’s ~~request~~sole expense, ~~provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant~~ in a manner reasonably satisfactory to ~~Section 9 below,~~ Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to Landlord the cost of removal of any of Tenant’s refuse and rubbish from the Premises and the Building (i) to the extent that the same, in any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Premises as offices, and (ii) related to or deriving from the preparation or consumption of food or drink (other than customary food for Tenant’s employees). Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as Additional Rent within twenty (20) days after the time rendered. Tenant shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Premises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). Without limiting any of Landlord’s other obligations under this Lease and so long as Landlord or an affiliate of Landlord is the fee simple owner of the Building, Landlord shall provide the following amenities during the Term at Stamford Plaza consistent with the Standard, for the benefit of all tenants at the Building (including Tenant, at no additional cost to Tenant): sundry shop, ATM machine, shared tenant conference facilities, shared access cafeteria, fitness center/health club, dry cleaning service, on-site putting green or similar activity, car wash/detailing service ~~plus an administrative charge of ten percent (10%)~~and shuttle service to Stamford Transportation Center. In addition, Landlord shall, upon request and subject to availability, provide Tenant with storage spaces in the ~~same to constitute Additional Rent hereunder~~Building at Landlord’s then current monthly storage space rates pursuant a separate agreement. 7.02 ~~Electricity used~~ All electricity consumed by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant by as Additional Rent in accordance with the terms of this Lease. Landlord will, as part of Landlord’s Work, install a ~~separate~~demand watt hour check meter which will measure the Tenant’s electricity consumption within the Premises. In addition, ~~flat-rate charge (except~~ Landlord may, at its option, furnish and install, at Tenant’s expense, all lighting tubes, lamps, bulbs, and ballasts required in the Premises; provided, however, Landlord shall not be liable if it elects, in its sole discretion, not to replace any lighting tube, lamp, bulb or ballast, or if it is delayed in replacing same ~~may be increased as hereinafter provided~~ for any reason, including without limitation delays in ~~this Section 7.02) payable by~~ deliveries or unavailability of non building standard items. During each calendar year, or portion thereof, falling within the Term, Tenant shall pay to Landlord the Premises Electric Charge, together with a monthly ~~with Rent, initially estimated~~ administrative charge thereon which administrative charge shall not exceed one percent (~~at the rate of $1.50 per rentable square foot~~ 1%) of the ~~Premises) to be in~~ Premises Electric Charge. The phrase “Premises Electric Charge” shall mean the amount determined by applying the amount of ~~$1,633.25 per month ($19,599.00 per annum)~~electrical consumption by Tenant, ~~payable~~ as ~~Additional Rent hereunder. Landlord shall have~~ determined by the ~~right~~ check meter, to the rate charged for such consumption in the service classification in effect from time to time pursuant to ~~reasonably increase~~ which Landlord then purchased electric current for the entire Building together with all other third party out of pocket components (e.g., generation, distribution and stranded cost charges) and third party out of pocket charges for such ~~monthly flat-rate amount payable by Tenant hereunder based on actual increases in~~ services for the ~~cost of electricity (and/or the generation thereof) to Landlord in connection with the Property~~ applicable month, but with no ~~xxxx up by Landlord~~Landlord xxxx-up. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed ~~the Building standard usage of six (6)~~ 6 xxxxx per rentable square ~~foot~~foot of the Premises. Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as ~~reasonably determined by Landlord~~generation, ~~based upon the Building standard electrical design load~~distribution and stranded cost charges. Landlord shall have the exclusive right to ~~measure~~ select any company providing electrical ~~usage~~ service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by ~~commonly accepted methods~~Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, ~~including~~ provided that the ~~installation~~ amount of ~~measuring devices~~ such ~~as submeters and check meters~~fee shall not exceed 50% of any savings obtained by Landlord. ~~If it~~ Except to the extent caused by Landlord’s willful misconduct or gross negligence, Landlord shall not be liable in any way to Tenant for any interruption or failure of or defect in the supply, character, quantity or quality of electric energy furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the supply, character, quantity or quality of electric service is ~~determined that Tenant~~ changed or is ~~using electricity in such quantities or during such periods as to cause the total cost of~~ no longer suitable for Tenant’s ~~electrical usage~~requirements, ~~on a monthly~~whether by reason of any requirement, ~~per-rentable-square-foot basis,~~ act or omission of the public utility serving the Building with electricity or for any other reason. Notwithstanding anything set forth herein to ~~materially exceed that which Landlord reasonably deems to be standard for~~ the ~~Building~~contrary, Tenant ~~shall pay Landlord Additional Rent for~~ acknowledges and agrees that in the ~~cost~~ event at any time during the Term Tenant installs any type of ~~such excess electrical usage and~~supplemental equipment (including, ~~if applicable~~but not limited to, ~~for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish,~~ supplemental HVAC equipment) in or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of serving the Premises ~~is rendered Untenantable~~ (~~as defined below) solely as a result of the failure of any Essential Service (as defined below) due~~ subject to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5thconsent) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent ~~necessary~~ that such equipment is not already included under meter(s) previously installed in the Premises, then Landlord may require, at Tenant’s sole cost and expense, that Tenant separately meter the electrical usage for such supplemental equipment using Landlord’s approved metering equipment and electrician (such approval not to ~~avoid~~ be unreasonably withheld, conditioned, or delayed) and Tenant shall be required to pay Landlord for such ~~result~~additional electrical usage.

Appears in 1 contract

Samples: Office Lease Agreement (Cara Therapeutics, Inc.)

Building Services. ~~7.01~~ 15.1. Tenant shall maintain and repair the heating, air-conditioning and ventilation units (the “HVAC Units”) that are located within the Premises, servicing, exclusively, the Premises to distribute heating, ventilation and air conditioning to the Premises. Tenant shall keep unobstructed all vents, intakes, outlets and grills of the HVAC distribution system and shall comply with and observe all regulations and requirements reasonably prescribed by Landlord for the functioning of the HVAC system. 15.2. Landlord shall furnish ~~Tenant with the following services: (a) hot and cold~~ water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees Premises 24 hours per ~~day/7~~ day, 365 days per ~~week~~year for ordinary lavatory, ~~subject to the terms of this Lease~~ cafeteria, drinking, and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Propertyoffice cleaning purposes. If ~~Landlord, at Tenant’s request, provides~~ Tenant uses unusual quantities of water for any ~~services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below~~other purpose, Tenant shall pay Landlord, or as Additional Rent, Landlord’s actual cost for any further supply of water, when and as Landlord receives bills for water consumed, and for sewer rents and all other rents and charges based upon Tenant’s consumption of water in excess of normal lavatory, drinking, and office cleaning purposes, as Additional Rent. At Landlord’s election, Landlord may install and maintain, at Landlord’s expense, a water meter to register such ~~other party designated~~ unusual consumption of water. 15.3. Landlord shall furnish rubbish removal services as required (in contradistinction to janitorial services and Premises cleaning, which shall be arranged and paid for directly by ~~Landlord~~Tenant) and shall maintain and repair, as required, the exterior areas of the Property and, in connection therewith, furnish landscaping and snow removal services. Landlord shall maintain and keep in good order and repair the Building’s dumpster area and the fence and landscaping surrounding said dumpster area. Landlord shall provide janitorial service for the hallways and bathrooms in the South wing of the Building (which includes the hallways and bathrooms adjacent to the Premises), the cost of ~~providing such service plus~~ which shall be included as an ~~administrative charge~~ Expense. 15.4. All services other than as provided pursuant to Section 15.1, 15.2 or 15.3 to be provided to, or which shall be necessary for the conduct of, Tenant’s operations within the Premises, including, without limitation and for purposes of ~~ten percent~~ illustration, the furnishing of electric current and gas energy (~~10%~~subject, however, to the provisions of Article 6 of this Lease), telephone, janitorial, cleaning, security and any other utility or service which Tenant shall deem necessary or desirable, shall be separately arranged, metered, maintained and paid for by Tenant. Tenant’s utilities shall be separately metered, where possible, and all costs of any utilities not separately metered shall be Additional Rent. Landlord shall not provide cleaning services to any portion of the ~~same~~ Premises. Tenant, at its sole cost and expense, shall cause the Premises to ~~constitute Additional Rent hereunder. 7.02 Electricity used by~~ be kept clean and in a good and orderly condition as befits similar buildings in the county where the Property is situated. In the event Tenant shall employ a contractor to provide any services to the Premises, such contractor (and any subcontractors) shall agree to employ only such labor as will not result in jurisdictional disputes or strikes. Tenant shall inform Landlord of the names of any contractor or subcontractor Tenant proposes to use in the Premises ~~shall,~~ at ~~Landlord’s option, be paid for~~ least fifteen (15) days prior to the beginning of work by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereundersuch contractor or subcontractors. 15.5. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have reserves the right to ~~measure electrical usage~~ stop or interrupt any of the services required to be provided under this Lease and the use of any other facilities, at such times as shall be required by ~~commonly accepted methods~~reason of accidents or emergencies, ~~including~~ strikes, making of necessary repairs, alterations or improvements, inability to secure a proper supply of fuel, steam, water, electricity, labor or supplies, or any other similar or dissimilar causes whatsoever beyond Landlord’s reasonable control, and not related to Landlord’s, Landlord’s Affiliates’ or the ~~installation of measuring devices such as submeters and check meters~~Property Employees’ negligence or tortious conduct. 15.6. If ~~it is determined~~ Tenant desires that ~~Tenant is using electricity~~ Landlord provide the services described in ~~such~~ Sections 15.1, 15.2, or 15.3 in quantities ~~or during such periods as to cause~~ in excess of the ~~total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that~~ amounts which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure has agreed to furnish, or ~~any interruption~~at times other than which Landlord is required to furnish such services, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord ~~liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve~~ will directly charge Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such ~~calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent~~ excess or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultovertime services at market rates.

Appears in 1 contract

Samples: Lease Agreement (Antares Pharma Inc)

Building Services. ~~7.01~~ 7.1 Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories and drinking purposes~~lavatories; (b) customary heat and air conditioning in season during Building Service ~~Hours (, although (i)~~ Hours; provided that Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord~~’s then~~ 's then-standard charge for additional HVAC service ~~and providing such prior notice as is reasonably specified by Landlord~~ (~~Landlord’s current charge for afterhours HVAC is~~ currently $60 75 per hour~~, subject~~ ) so long as Tenant requests same by written notice to ~~change by~~ Landlord ~~from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to~~ not later than 12:00 noon on the ~~Building’s condenser water loop or chilled water line,~~ Business Day preceding the day of such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlordovertime usage; (c) ~~standard janitorial service on Business Days; (d) unattended~~ elevator service; (ed) electricity in accordance with the terms and conditions in Section 7.02; and (fe) ~~access~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. Access to the Building for Tenant and its employees 24 hours per ~~day/7~~ day I 7 days per week, subject to the terms of this Lease and such ~~protective services~~ security or monitoring ~~systems, if any,~~ systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards. Landlord hereby agrees that it will, at its expense, provide a "punch code" or access card for access to the Building. Tenant hereby acknowledges and agrees that Landlord will have no obligation to provide janitorial services to the Premises and Tenant shall be solely responsible, at its sole cost and expense, to provide janitorial services to the Premises. Tenant shall be given shared access to the Building's common loading dock. 7.2 (a) Electricity shall be distributed to the Premises by the electric utility company selected by Landlord to provide electricity service for the Building or, at Landlord's option, by Landlord at a rate no greater than competitive rates at similarly situated buildings in the area surrounding the Building; and ~~(g) subject~~ Landlord shall permit Landlord's wires, and conduits, to ~~Section 26.10~~the extent available, suitable and safely capable, to be used for such ~~other services~~ distribution. If and so long as Landlord ~~reasonably determines are necessary or appropriate for~~ is distributing electricity to the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowPremises, Tenant shall obtain all of its electricity from Landlord and shall pay Landlord, ~~or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same~~ in addition to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional ~~Rent hereunder shall be abated~~ Rent, for such electricity service in ~~proportion to~~ monthly installments at a rate of $1.75 per annum per Rentable Square Footage of the ~~portion~~ Premises. (By way of example, based on the Rentable Square Footage of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term10,000 square feet, the monthly ~~cap may~~ payment for electricity service shall be ~~increased proportionately to the extent necessary to avoid such result~~$1,458.

Appears in 1 contract

Samples: Office Lease Agreement (Echo Therapeutics, Inc.)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water service for use in the ~~Base Building lavatories and drinking purposes~~base building lavatories; (b) customary heat and air conditioning in season ~~during~~ from 8:00 A.M. to 6:00 P.M., Monday through Friday (excepting nationally recognized holidays, which currently include New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day) (collectively, the “Building Service ~~Hours (~~Hours”), ~~although (i)~~ and Tenant shall have the right to receive HVAC service during hours other than the Building Service Hours by paying Landlord’s then standard charge for additional HVAC service with a two (2) hour minimum and providing such reasonable prior notice as is ~~reasonably~~ specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service ~~on Business Days~~in a manner consistent with the operation of other comparable office buildings located within the vicinity of the Building, which are substantially comparable to the Building in terms of appearance, age, size, quality, services, amenities, and access; (d) ~~unattended~~ passenger elevator service; and (e) Building standard electricity ~~in accordance with~~ for general office purposes, not to exceed two (2) xxxxx connected load per usable square foot of the ~~terms and conditions in Section 7.02; (f) access to the~~ Premises calculated on a monthly basis for Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the PropertyService Hours. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (i) through inclusion in Expenses (except as provided for excess usage); (ii) by a ~~separate, flat-rate~~ separate charge ~~(except the same may be increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to ~~Landlord monthly with Rent, initially estimated~~ Landlord; or (at iii) by separate charge billed by the ~~rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder~~applicable utility company. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of of, services due to the application of Laws, the failure of any equipment, the performance of ~~maintenance,~~ repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section ~~26.03) (collectively a “Service Failure”~~27.02) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~If Tenant uses water, ~~if all~~ electricity, heat or ~~any portion~~ air conditioning in excess of the ~~Premises is rendered Untenantable (~~Building standard level of services supplied by Landlord pursuant to the terms hereof, or if Tenant’s consumption of electricity shall exceed Building standard electrical consumption as ~~defined below~~referenced in subsection 6(e) ~~solely as a result of the failure of any Essential Service (as defined below) due~~ above, Tenant shall pay to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within ~~such~~ five (5) ~~Business Day period~~days of billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to ~~cure same~~supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption. In order to measure the amount of electricity provided to the Premises, Landlord may, at its sole discretion and at Tenant’s sole cost and expense, install devices to separately meter Tenant’s electrical consumption. Further, Tenant shall not install any supplemental or stand alone HVAC or cooling equipment or systems without Landlord’s prior written consent, which shall not be unreasonably withheld, and Landlord may condition such consent upon the installation of separate meters to measure any related consumption of chilled water or electricity and compliance with Landlord’s design criteria so as not to affect base Building systems or equipment. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises that will result in excess utilities consumption, without the prior written consent of Landlord, which shall not be unreasonably withheld. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of this Section 6, Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. The ~~rate at~~ current hourly cost, which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, is subject to ~~such monthly cap. In~~ increase in Landlord’s reasonable discretion, is Sixty-Five Dollars ($65.00) per hour per zone within the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultPremises.

Appears in 1 contract

Samples: Office Lease Agreement (Emmaus Life Sciences, Inc.)

Building Services. ~~7.01~~ Landlord shall ~~furnish Tenant with~~ provide the following services: , systems and facilities for the Building and Common Areas within the Building ("Building Services"), and for the Common Areas outside the Building ("Common Area Services"), subject to Tenant's payment of Additional Rent as set forth in paragraph 4 above; (a) ~~hot~~ Basic HVAC for the Leased Premises. Tenant shall be responsible for utility charges related to the HVAC systems(s) serving the Building based on the Tenant's Space Ratio. Landlord further shall perform necessary repairs and ~~cold water~~ maintenance on the HVAC system(s) and shall be reimbursed by Tenant for ~~use in~~ the ~~Base Building lavatories~~ actual costs to Landlord of said repairs and ~~drinking purposes;~~ maintenance based on the Tenant's Space Ratio. Tenant shall also be solely responsible, at Tenant's cost, for all major repairs and any replacement of the HVAC system(s); (b) ~~customary heat~~ Electrical service for office, manufacturing, research and ~~air conditioning~~ development and light industrial use, including office, manufacturing, research and development and light industrial equipment, in ~~season during~~ the Leased Premises, subject to payment by Tenant of all utility charges; (c) Life safety support systems for the Building ~~Service Hours~~ including sprinkler and fire extinguisher inspections subject to reimbursement by Tenant for the cost of same; however, Landlord shall be responsible, at Landlord's cost, for major repairs and any replacement of the sprinkler system; (d) Structural systems for the Building; (e) Water and sewer system for Tenant's use at the Leased Premises and a plumbing system for the Building, ~~although~~ subject to payment by Tenant of all fees and charges related thereto; (if) Cleaning and maintenance of Common Areas in or relating to the Building, including bathroom facilities, if any, subject to payment by Tenant of a proportionate share of the Common Area expenses based on the Tenant's Space Ratio; (g) Landscaping and snow and ice removal; provided Landlord shall not be obligated to remove snow more frequently than once in any 24-hour period, and Tenant shall be responsible for a proportionate share of the expenses related thereto based on the Tenants Space Ratio; and (h) Tenant shall have the continuing right ~~to receive HVAC service~~ during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms term of this Lease ~~and~~ to utilize, in common, on a pro-rata basis calculated upon each such ~~protective services or monitoring systems~~tenant's space ratio, with other tenants within the Building, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard parking area for the Building. Landlord does not warrant that Building Services or Common Area Services shall be free from any temporary slowdown, ~~Tenant shall pay Landlord Additional Rent for~~ interruption or stoppage caused by the ~~cost~~ maintenance, repair, replacement or improvement of any of the equipment involved in the furnishing of any such ~~excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish~~services, or ~~any interruption~~caused by strikes, ~~diminishment or termination~~ lockouts, fuel shortages, accidents, acts of ~~services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions~~ God or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all elements or any ~~portion~~ other cause beyond the control of Landlord. Landlord agrees to use its best efforts to resume the ~~Premises is rendered Untenantable (~~service upon any such slowdown, interruption or stoppage as ~~defined below) solely~~ soon as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultreasonably possible.

Appears in 1 contract

Samples: Commercial Lease (Orasure Technologies Inc)

Building Services. ~~7.01~~ Tenant, as the sole occupant of the Premises, shall be responsible for all management and payment of costs to operate, maintain, repair (except for Landlord's obligations as set forth in this Lease) and replace items on the Premises (except those items which shall be replaced by Landlord in accordance with paragraph 12 below), at Tenant's sole cost and expense, including without limitation, janitorial services to the Building, landscaping, trash removal, general maintenance and cleaning of the parking lot (including lighting and restriping of the parking lot), replacement of light bulbs in the interior and exterior fighting fixtures, and other costs associated with the general operation and management of the Premises. Landlord shall ~~furnish~~ provide electrical facilities to the Premises in accordance with express utility and HVAC specifications ("Utility Specifications") provided to Landlord by Tenant ~~with~~ as part of the ~~following services: (a) hot~~ Plans and ~~cold water for use in~~ Specifications. Landlord will covenant, warrant and agree that upon the ~~Base Building lavatories and drinking purposes; (b) customary heat~~ installation of the heating, ventilating and air conditioning ~~in season during Building Service Hours~~ system (~~, although (i~~"HVAC") the HVAC system shall comply with the Utility Specifications. Tenant shall ~~have~~ be responsible for directly obtaining services from the ~~right~~ supplying utility companies for electricity, water, sewer, telephone and any other utility requirements and directly making payments to ~~receive HVAC~~ the respective supplying companies. If any essential service ~~during~~ to be provided is interrupted or curtailed for a period of 24 hours ~~other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service~~ and ~~providing such prior notice as~~ is ~~reasonably specified~~ caused by Landlord (or Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop 's Representatives or ~~chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject~~ lies within Landlord's control pursuant to Landlord~~’s reasonable approval and reasonable restrictions imposed by Landlord~~'s repair obligations, ~~and Landlord shall have~~ in addition to other remedies available to Tenant, the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate Base Rent for the ~~Property. If Landlord, at Tenant’s request, provides any~~ Premises shall completely abate from the end ox xxxh 24 hour period and continue until such services ~~which~~ are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunderfully restored. Landlord shall ~~have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost~~ provide a minimum of ~~electricity (and/or the generation thereof) to Landlord~~ 72 hours' prior written notice of any planned interruption of services in connection with the ~~Property with no xxxx up~~ repair and maintenance of the Premises by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure Copies of any ~~equipment,~~ significant written reports concerning the ~~performance of maintenance, repairs, improvements~~ management or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion operation of the Premises ~~is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and~~ internally generated by Tenant ~~does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder~~ shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured,~~ provided ~~that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice~~ to Landlord ~~of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate~~ at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultleast quarterly.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Microage Inc /De/)

Building Services. ~~7.01~~ 8.01 Landlord shall furnish Tenant with the following ~~services~~services the cost of which shall be included in Expenses: (a) at all times, hot and cold water for use in the ~~Base Building lavatories and drinking purposes~~lavatories; (b) ~~customary heat~~ at all times, access and ~~air conditioning~~ use of the Building’s condenser water system which shall provide Tenant with capacity of five (5) tons of condenser water on each floor of the Premises and an additional one hundred twenty (120) tons of condenser water to support Tenant’s data center floor and Tenant’s trading floor (all of which may be allocated per floor in ~~season~~ the Premises in any manner that Tenant desires), it being agreed that the costs thereof shall not be separately charged to Tenant but rather included in Expenses along with all costs of the services described in this Section 8.01; (c) at all times, ten (10) xxxxx of electrical load per rentable square foot of the Premises for general power, lighting and HVAC services in accordance with terms and conditions of Section 8.02, (d) during Business Service Hours, HVAC equipment capable of (1) heating a standard office layout floor in the Building ~~Service Hours~~ to a range of 68° F to 72° F during the winter when the temperature outside is no lower than 0° F, and (2) cooling a standard office layout floor in the Building to a range of 70° F to 74° F during the summer when the temperature outside is lower than 92° F and between 72° F and 76° F during the summer when the temperature outside is 92° F, ~~although~~ so long as Tenant complies with the Density Limit and designs and implements the Initial Alterations and any other Alterations in a manner that does not limit the operations of such equipment; provided that (iA) Tenant shall have the right to receive additional HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (currently $75.00 per hour, as adjusted from time to time) and providing such prior notice as is reasonably specified by ~~Landlord (~~Landlord~~’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time)~~, and (iiB) if Tenant is shall be permitted to connect ~~any~~ supplemental HVAC units to the Building’s condenser water loop ~~or chilled water line~~(but only to the extent set forth in (b) above) as part of the Initial Alterations, ~~such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be~~ subject to ~~Landlord’s reasonable approval~~ the provisions of Section 4 and ~~reasonable restrictions imposed by Landlord~~Section 10, ~~and Landlord shall have the right~~ at no charge to ~~charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord~~Tenant; (ce) standard janitorial service on Business Days, including those services listed on Exhibit J attached hereto, in a manner customarily performed within the janitorial industry in office buildings of similar age, size, class and composition as the Building in the Boston area, or such other reasonably comparable janitorial services designated by Landlord from time to time, subject to amendment by Landlord from time to time; (df) ~~unattended~~ passenger elevator service, except in cases of emergency situations or required state testing; (eg) ~~electricity~~ access to the loading dock and freight elevators subject to Landlord’s approval as to timing (which approval shall not be unreasonably withheld) and provided that such use is scheduled in advance and paid for by Tenant in accordance with Landlord’s then uniformly administered policies, currently $48.50 per hour (except that Landlord shall not charge Tenant for use of the ~~terms~~ loading dock or freight elevators in connection with the Initial Alterations to both the Initial Premises and ~~conditions in Section 7.02~~the Additional Premises); (fh) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (i) access to building risers and conduits, subject to Landlord’s approval (which approval shall not be unreasonably withheld), including one (1) redundant riser to each floor for telephone and data services, provided that the installation of any equipment required in connection with Tenant’s use of such services shall be the responsibility and cost of Tenant; (j) access to the fire egress stairwell; (k) security for the Property, including a 24 hours on-site manned security desk in the lobby of the Building; (l) removal of snow and ice from the driveways and walkways of the Property; (m) commingled, single stream recycling program that allows paper, plastic, glass and metal to be recycled in any colored containers, which containers are provided for Common Areas and each desk upon Tenant’s request to Landlord; and (gn) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 10 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an a reasonable administrative ~~charge of ten percent (10%), the same to constitute Additional Rent hereunder~~charge. ~~7.02~~ 8.02 Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant by a ~~separate, flat-rate~~ separate charge ~~(except the same may be increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to Landlord ~~monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot~~ determined and measured by a separate check-meter. Each floor of the ~~Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord~~ Premises shall have one (1) check meter consisting of the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up existing check meter for normal/outlet/lighting power previously installed by Landlord. ~~Without~~ Also, one additional check meter shall be installed by Tenant on the ~~consent~~ 2nd Floor of the Building off collection bus B, all as part of the Initial Alterations. There shall be no administrative fee for the check meters. Subject to Landlord’s prior written approval of the plans and specifications therefor, ~~Tenant’s use of electrical service~~ which approval shall not ~~exceed~~ be unreasonably withheld, conditioned or delayed, Tenant may (i) install, operate and maintain in the ~~Building standard usage~~ Premises or in any other area of ~~six (6) xxxxx per square foot~~the Building, electrical equipment, provided that such equipment would not overload the electrical system beyond its capacity for proper, efficient and safe operation as ~~reasonably~~ determined by Landlord, ~~based upon~~ (ii) furnish cooling or heating to the ~~Building standard electrical design load. Landlord shall have~~ Premises, including, without limitation, the ~~right to measure electrical usage by commonly accepted methods~~use of electric or gas heating devices (except that in no event may Tenant install any portable heating devices), ~~including the installation~~ and (iii) install, operate and maintain more than its proportionate share of ~~measuring devices such as submeters~~ telephone lines and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for other telecommunication facilities at the Building~~, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)~~. ~~7.03~~ 8.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of any such Building services due to the application of ~~Laws~~Law, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions ~~or the occurrence of an event of Force Majeure (defined in Section 26.03)~~ (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~However, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable~~ Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure covered by Landlord’s Rent Interruption Insurance (as defined below~~) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period~~), then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the Service Failure has been cured. If the entire Premises have not been rendered ~~Untenantable until~~ untenantable by the ~~date on which such Untenantability is cured~~Service Failure, ~~provided that such~~ the amount of abatement shall ~~not commence until~~ be equitably prorated based on the ~~fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord~~ nature and extent of the ~~interruption and an opportunity, within such five~~ interference with Tenant’s business operations. Landlord shall provide no less than seven (57) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant days advance notice of any ~~portion~~ scheduled interruption of ~~abatement~~ services relating to ~~which it is otherwise entitled hereunder due to~~ repairs, improvements or alterations, and Landlord shall schedule the ~~number of calendar months remaining in the term, the monthly cap may be increased proportionately~~ same on weekends and after-Building Service Hours to the extent ~~necessary to avoid such result~~the same would materially interfere with Tenant’s use of, or access to, the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Investment Technology Group Inc)

Building Services. ~~7.01~~ Section 11.1 Landlord shall ~~furnish~~ provide, within its standards on each item, the following services and facilities: (A) Air conditioning, ventilation and heating, through the air conditioning system of the Building will be available twenty-four (24) hours per day, seven (7) days a week. The normal operating hours shall be Monday through Friday from 6:00 a.m. to 9:00 p.m., Saturday from 8:00 a.m. to 6:00 p.m, and Sunday from 8:00 a.m. to 6:00 p.m. Additional HVAC for any other time as herein set forth will be provided by Landlord to Tenant at an hourly rate, which hourly rate for the first year of this Lease shall be $25.00 and shall be adjusted each year, based upon electricity costs, by Landlord and which shall be deemed to be Additional Rent and payable monthly with the ~~following services:~~ Rent. Tenant agrees to cooperate fully with the Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air conditioning system; (aB) ~~hot~~ Electric current for building standard level of illumination using standard fixtures of Landlord’s choice, and ~~cold water for use~~ replacement of light globes and/or fluorescent tubes in the ~~Base Building lavatories and drinking purposes; (b) customary heat and air conditioning~~ building standard lighting fixtures installed in ~~season during Building Service Hours (, although (i) Tenant shall have~~ the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined Premises by Landlord; ~~(c)~~ however, Landlord’s agreement to furnish electricity for lighting does not include electricity for any equipment requiring a grater voltage than the lighting circuits standard ~~janitorial~~ in the Building. Such additional electrical service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systemswill be furnished, if ~~any~~reasonably available, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at upon Tenant’s ~~request~~rendering all costs of installation, ~~provides any services which are not Landlord’s express obligation under this Lease~~including wiring and separate metering, ~~including, without limitation, any repairs which are Tenant’s responsibility pursuant~~ and agreeing in writing to ~~Section 9 below, Tenant shall~~ pay ~~Landlord, or such other party designated by Landlord,~~ the ~~cost~~ costs of ~~providing such service plus an administrative charge of ten percent (10%), the same to constitute~~ current as Additional ~~Rent hereunder~~Rent. ~~7.02 Electricity used by Tenant~~ (C) Maintenance of standard hardware installed in the Premises ~~shall, at~~ by Landlord~~’s option, be paid for by Tenant by a separate, flat-rate charge~~ ; (~~except the same may be increased as hereinafter provided in this Section 7.02~~D) ~~payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate~~ Maintenance of ~~$1.50 per rentable square foot of the Premises) to be~~ floor coverings in the ~~amount~~ common area; (E) Cleaning of ~~$1,633.25 per month~~ outside and inside of exterior window panes; ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases F) Cleaning and maintenance of common areas in the ~~cost of electricity~~ Building; (~~and/or the generation thereof~~G) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methodsJanitor service, including ~~the installation~~ cleaning of ~~measuring devices such as submeters~~ Premises, dusting of furniture, desks and ~~check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage~~pictures, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such vacuuming five (5) ~~Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent~~ days a week; (~~25%~~H) ~~of the Base Rent payable~~ Water for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultlavatory and drinking purposes.

Appears in 1 contract

Samples: Lease Agreement (Vitacost.com, Inc.)

Building Services. ~~7.01~~ As long as no Event of Default exists, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished, subject to the provisions of this Lease, as part of Operating Expenses to the Premises, the following utilities and services: , subject to the conditions and standards set forth herein: (a) ~~hot and cold water for use in the Base Building lavatories and drinking purposes;~~ Non-attended automatic elevator service. (b) ~~customary heat~~ Subject to all governmental Laws, rules, regulations and ~~air conditioning~~ guidelines applicable thereto, HVAC to the Premises, which in ~~season~~ Landlord's good faith judgment, is required for the comfortable use and occupancy of the Premises from 7:00 A.M. to 6:00 P.M. Monday through Friday, and 7:00 A.M. to 1:00 PM, Saturdays (collectively, the "BUSINESS HOURS"), except for the date of observation of New Year's Day, President's Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord's discretion, other state and nationally recognized holidays selected by Landlord which are consistent with Institutional Owner Practices (collectively, the "HOLIDAYS"); provided, however that if Tenant desires to use HVAC during ~~Building Service~~ hours ("NON-BUSINESS HOURS") other than Business Hours ("AFTER HOURS HVAC"), ~~although (i)~~ Tenant shall ~~have~~ provide Landlord with prior written notice (which may be by email or telecopy) given, or oral request to the ~~right~~ Building lobby attendant made, which at a minimum shall be 24 hours' written notice for weekday use and written notice prior to ~~receive~~ 12 Noon on Friday for weekend use, of Tenant's desired After Hours HVAC ~~service during hours other than Building Service Hours by paying Landlord’s then standard charge for~~ use and upon such additional ~~HVAC service and providing such prior notice~~ conditions as ~~is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change~~ shall be determined by Landlord from time to time and subject to availability. Tenant shall pay to Landlord Landlord's then prevailing charges (the "AFTER HOURS HVAC RATE") for supplying such After Hours HVAC (which are Thirty Two and 50/100 Dollars ($32.50) per hour per half floor on the Effective Date and shall not be greater than the prevailing market rate in comparable buildings) within ten (10) days of receipt of a reasonably detailed xxxx therefor. Tenant shall be responsible for and shall pay to Landlord any additional costs (including, without limitation, the costs of installation of additional HVAC equipment) incurred by Landlord because of the failure of the HVAC system to perform its function due to arrangement of partitioning in the Premises or changes or alterations thereto or from any use by Tenant of heat-generating machinery or equipment other than normal office equipment, including small photocopying machines and personal computers not linked to a central mainframe at the Premises. (c) At all reasonable times, electric current as required for Building standard lighting and fractional horsepower office machines and adequate electrical wiring and facilities for connection to the lighting fixtures and incidental use equipment of Tenant; provided, however, that notwithstanding any provision of this Lease to the contrary, (i) the total connected electrical load for all of the incidental use equipment located in the Premises shall in no case exceed that found in comparable first class office buildings in downtown Denver from time to time), with the electricity so furnished for incidental use equipment to be at a nominal one hundred twenty (120) volts and with no electrical circuit for the supply of such equipment to require a current capacity exceeding twenty (20) amperes, and (ii) if the total connected electrical load for Tenant's lighting fixtures within the Premises shall in no case exceed that found in comparable first class office buildings in downtown Denver from time to time, and the electricity so furnished for Tenant's lighting to be at a nominal two hundred seventy-seven (277) volts. Without Landlord's consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is ~~permitted~~ obligated to ~~connect~~ provide pursuant to this Section 8.1(c) ("EXCESS ELECTRICAL REQUIREMENTS"). If Tenant shall require or utilize Excess Electrical Requirements or electric current which may disrupt the provision of electrical service to other tenants in the Building or the Project, Landlord, at its election (i) may refuse to grant its consent or (ii) may condition its consent upon Tenant's payment in advance of Landlord's total direct and indirect cost (including, without limitation, a reasonable administration fee) of designing, installing, maintaining and providing any ~~supplemental HVAC units~~ additional facilities determined by Landlord to be required to satisfy such Excess Electrical Requirements (or otherwise related to the ~~Building’s condenser water loop~~ additional wear on Building Systems associated therewith). If Tenant's actual electricity consumption for any portion of the Premises, as determined in good faith by Landlord pursuant to such measurement method or ~~chilled water line, such permission~~ methods as Landlord shall ~~be conditioned upon Landlord having adequate excess capacity~~ employ from time to time (including, without limitation, the use of submeters or pulse meters, electrical surveys and ~~such connection and use shall be subject to~~ engineer's estimates) exceeds Landlord’s 's nondiscriminatory standard for excess electrical consumption for any reasonable ~~approval and reasonable restrictions imposed~~ calculation period determined by Landlord, Tenant shall pay to Landlord, as Additional Rent, the sum of (i) Landlord's actual direct and indirect costs of supplying such excess consumption, including, without limitation, all taxes thereon, and the cost of additional wear on Building Systems resulting from such excess consumption, (ii) all of Landlord's costs of monitoring and measuring such excess consumption, and (iii) Landlord's reasonable administration fee. If Tenant's increased electrical requirements will materially affect the temperature level in the Premises or in the Building, Landlord's consent may be conditioned upon Tenant's payment of all direct and indirect costs of installation and operation of any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including, but not limited to, the cost of modifications to the Building Systems and increased wear and tear on existing HVAC equipment. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building or the Project. (d) City water for drinking and restroom purposes. (e) Janitorial and cleaning services conforming to the Landlord's Project standards in effect from time to time (which shall be consistent with Institutional Owner Practices), provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. Landlord shall not be required to provide janitorial services for portions of the Premises used for preparing or consuming food or beverages, for storage, as a mailroom, or for a lavatory (other than the Common Area lavatory rooms) other than normal "light" janitorial services such as emptying of waste containers, standard vacuuming, mopping and sweeping. Landlord shall not be responsible for more extensive lunch room cleaning such as the washing of dishware or cleaning any refrigerator located therein. In all events, Tenant shall pay to Landlord the cost of removal of Tenant's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 8.1 shall be payable upon demand by Landlord and shall constitute Additional Rent. From time to time during the Term, Landlord shall have the right to ~~charge~~ modify the services provided to Tenant ~~a connection fee and/or a monthly usage fee, as reasonably determined by Landlord~~hereunder; ~~(c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance~~ provided such modified services are consistent with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunderInstitutional Owner Practices. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Office Lease (Clayton Holdings Inc)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following ~~services:~~ services (with the costs thereof included in Expenses in accordance with and subject to under Exhibit B): (a) ~~hot and cold~~ water for use in the Base Building ~~lavatories and drinking purposes~~restrooms; (b) ~~customary~~ Building standard heat and air conditioning in season during Building Service ~~Hours~~ Hours; (c) Building standard janitorial service (in accordance with Exhibit B-1 attached hereto) on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, ~~although~~ subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (ig) such other services as Landlord reasonably determines are necessary or appropriate for the Property. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (currently $85 per hour) and providing such prior notice as is reasonably specified by ~~Landlord (~~Landlord~~’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if~~ . If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a Building standard connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. ~~If Landlord~~If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services ~~which~~ that are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to the ~~cost of providing such~~ applicable service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for provider the cost of such ~~excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)~~services plus a reasonable administrative charge. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Office Lease Agreement (resTORbio, Inc.)

Building Services. ~~7.01~~ Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, as defined in Section 1.11 of this Lease, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes; (b) customary heat and~~ Premises. Landlord may make available to Tenant heating, ventilation or air conditioning in ~~season~~ excess of that which Landlord shall be required to provide hereunder. If Tenant needs HVAC during ~~Building Service Hours~~ non-Business Hours, Tenant shall provide no less than forty-eight (48) hours’ prior notice to Landlord and pay as additional rent the cost of after-hour HVAC at the Building’s rate defined in Addendum Paragraph 5. Said Landlord’s fee for any such additional HVAC provided to Tenant, ~~although~~ will be separate from and in addition to the Tax and Operating Expenses Adjustment provided in Article IV. (C) Water for the Premises and for restroom purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current of not less than 3.5 xxxxx per square foot for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord’s consent, Tenant shall ~~have~~ not install, or permit the ~~right~~ installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord provide hereunder (~~Landlord’s current charge for afterhours HVAC is $60 per hour~~provided, ~~subject to change by Landlord from time to time~~however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s ~~failure~~ consent may be conditioned upon Tenant’s requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 7.01 shall be payable within ten (~~defined in Section 26.03~~10) ~~(collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant~~ business days from the ~~obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion~~ receipt of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to from Landlord ~~of the interruption~~ and ~~an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month~~ shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

Building Services. ~~7.01~~ So long as no Event of Default exists, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the ~~following services:~~ Premises as part of Operating Expenses: (a) ~~hot and cold water for use in the Base Building lavatories and drinking purposes;~~ Non-attended automatic elevator service. (b) ~~customary heat and air conditioning~~ Until the metering system is installed by Landlord, pursuant to Paragraph 4.1(f), HVAC to the Premises, which in ~~season during Building Service Hours (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying~~ Landlord’s ~~then standard charge~~ good faith judgment, is required for ~~additional HVAC service~~ the comfortable use and ~~providing such prior notice as is reasonably specified~~ occupancy of the Premises from 6:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to 2:00 p.m., Saturdays (collectively, the “Business Hours”), except for the date of observation of New Year’s Day, President’s Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord’s discretion, other state and nationally recognized holidays selected by Landlord (collectively, the “Holidays”); provided, however that if Tenant desires to use HVAC during hours (“Non-Business Hours”) other than Business Hours (“After Hours HVAC”), Tenant will provide Landlord with reasonable prior notice of Tenant’s desired After Hours HVAC use. Tenant will pay Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity charges prevailing from time to time (the “After Hours HVAC Rate”) for supplying such After Hours HVAC within ten (10) days of receipt of a reasonably detailed bxxx. When the metering system is installed, pursuant to Paragraph 4.1(f), then the use and ~~such connection and use~~ expense of HVAC systems on the Premises shall be ~~subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord~~in the sole discretion of Tenant, and at Tenant’s sole expense. Tenant will be responsible for and will pay to Landlord ~~shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord;~~ any additional costs (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, ~~sign~~the costs of installation of additional HVAC equipment) incurred by Landlord because of the failure of the HVAC system to perform its function due to arrangement of partitioning in the Premises, or the operation of the windows in the Premises, or changes or alterations thereto or from any use by Tenant of heat-~~in procedures and/or presentation~~ generating machinery or equipment other than normal office equipment, including small photocopying machines and personal computers not linked to a central mainframe at the Premises. Landlord makes no representation with respect to the adequacy or fitness of ~~identification cards;~~ the Building’s HVAC system to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment. Tenant will abide by such rules and ~~(g) subject to Section 26.10, such other services~~ regulations as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right promulgate from time to time ~~to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases~~ about operation of the windows in the ~~cost~~ Premises so as to enhance the comfort of ~~electricity~~ all tenants in the Building and maximize the efficiency of the HVAC equipment. (~~and/or~~ c) At all reasonable times, electric current as required for Building standard lighting and fractional horsepower office machines and adequate electrical wiring and facilities for connection to the ~~generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord~~lighting fixtures and incidental use equipment of Tenant. Without Landlord’s consent, Tenant will not install, or permit the ~~consent~~ installation, in the Premises of ~~Landlord~~any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of ~~electrical service shall not exceed the Building standard usage~~ electric current in excess of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord ~~reasonably deems~~ is obligated to ~~be standard~~ provide pursuant to this Section. Tenant’s use of electric current will never exceed the capacity of the feeders, risers or electrical installations of the Building. (d) City water for drinking and restroom purposes. (e) Janitorial and cleaning services for the ~~Building~~Building only Monday through Friday evenings for the Building only. Tenant will provide janitorial services for the Premises and shall keep the same in good, clean and sanitary condition. (f) Building standard suite signage and listing in the Building directory. Landlord confirms that Tenant’s existing signage is acceptable; provided, however, that Tenant shall ~~pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing~~ ensure that its signage conforms to all applicable laws and ~~installing the measuring device(s)~~restrictions regulating signage. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Lease Agreement (Syntax-Brillian Corp)

Appears in 1 contract

Samples: Sublease Agreement (Enernoc Inc)

Appears in 1 contract

Samples: Office Lease Agreement (Geovic Mining Corp.)

Building Services. ~~7.01~~ 6.01 Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ municipal water for use in the Base Building ~~lavatories and drinking purposes~~lavatories; (b) customary heat and air conditioning in season during Building Service ~~Hours (~~Hours, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s ~~then~~ then-standard charge for additional HVAC service and providing such prior notice as is reasonably specified by ~~Landlord (~~Landlord~~’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time)~~, and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section ~~7.02~~6.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; ~~and~~ (g) ~~subject to Section 26.10~~standard trash removal and removal of snow, ice and debris from the sidewalks abutting the Building; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to ~~Section 9~~ Article 8 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an a reasonable administrative ~~charge of ten percent (10%), the same to constitute Additional Rent hereunder~~charge. ~~7.02~~ 6.02 Electricity used by Tenant in the Premises ~~shall, at Landlord’s option,~~ shall be paid for by Tenant by ~~a separate, flat-rate~~ separate charge ~~(except~~ billed by the ~~same may be increased as hereinafter provided in this Section 7.02)~~ applicable utility company and payable directly by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by LandlordTenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed ~~the Building standard usage of six (6)~~ 5 xxxxx per usable square foot, ~~as reasonably determined by Landlord, based upon~~ of connected load to operate in the ~~Building standard electrical design load~~Premises Tenant’s lighting and equipment normal to office building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to ~~materially~~ exceed ~~that which Landlord reasonably deems to be standard for~~ the ~~Building~~aforesaid standard, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). ~~7.03~~ 6.03 Landlord’s failure to furnish, or any interruption, delay, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (~~defined in Section 26.03) (collectively~~ collectively, a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~However, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable~~ Premises, are made untenantable for a period in excess of ten (~~as defined below~~10) ~~solely~~ consecutive days as a result of a Service Failure that is reasonably within the ~~failure~~ control of ~~any Essential Service (as defined below) due~~ Landlord to ~~Landlord’s~~ correct and not caused by the negligence or willful misconduct ~~and~~ of any Tenant ~~does not use~~ Related Party or ~~occupy~~ any of Tenant’s vendors, invitees or licensees or otherwise due to the ~~same during said period~~occurrence of a casualty, condemnation or an event of Force Majeure, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the eleventh day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered ~~Untenantable until~~ untenantable by the ~~date on which such Untenantability is cured~~Service Failure, ~~provided that such~~ the amount of abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultequitably prorated.

Appears in 1 contract

Samples: Office Lease Agreement (Bridgeline Software, Inc.)

Building Services. ~~7.01 Landlord shall furnish Tenant~~ 20.1 Subject to and in accordance with the ~~following services: (a) hot and cold water for use in~~ terms of this Lease, the ~~Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although~~ Landlord will (i) ~~Tenant shall have~~ supply passenger elevator service to the ~~right~~ Office Premises, with at least six (6) of such passenger elevators being subject to ~~receive HVAC~~ call for such service during ~~hours other than Building Service~~ Business Hours and at least three (3) of such passenger elevators being subject to call for such service during times which are not Business Hours, (ii) supply two elevators for the transmission of freight during Business Hours and at least one of such freight elevators for such use during non-Business Hours by ~~paying Landlord~~all tenants on a first-come first-served, reserved, exclusive basis (such use during non-Business Hours by Tenant to be on a reserved, exclusive basis at the Tenant’s ~~then standard charge for additional HVAC~~ sole cost and expense as per the Rate Schedule) (the elevator service ~~and providing such prior notice as is reasonably specified by Landlord~~ set forth in forgoing clauses (~~Landlord’s current charge for afterhours HVAC is $60 per hour~~i)-(ii) shall be consistent with the First Class Standard, subject to ~~change~~ temporary interruption for repairs, renovations or other interruptions consistent with the First Class Standard), (iii) supply use of the Building’s loading docks on a first-come, first-served unreserved basis (such use during non-Business Hours to be on a first-come, first served reserved basis at the Tenant’s sole cost and expense as per the Rate Schedule), (iv) supply to the Office Premises during Building HVAC Hours heat as needed for the warming of such Office Premises, in accordance with the specifications set forth on Exhibit 11, and the parties agree to comply with their respective obligations set forth on such Exhibit, (v) supply to the Office Premises during Building HVAC Hours toilet exhaust fan service (as set forth in Section 20.8) , air conditioning (including cooling as needed) and ventilation to such portions of the Office Premises as are served by the Building’s base-building air conditioning system in accordance with the specifications set forth on Exhibit 11, and the parties agree to comply with their respective obligations set forth on such Exhibit, (vi) supply heating and ventilation service for any Below Grade Premises in accordance with Requirements applicable to below grade storage space, and the Landlord ~~from time~~ will not provide air conditioning to ~~time)~~any Below Grade Premises, and (iivii) ~~if Tenant is permitted to connect any supplemental HVAC units~~ provide to the ~~Building’s condenser water loop or chilled water line~~Office Premises (but not to other portions of the Premises, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlordif any, and not to Licensed Areas) the cleaning services on Business Days in accordance with the cleaning specifications set forth on Exhibit 12, it being agreed that no such cleaning services are provided for areas which are used for preparing, dispensing or consumption of food or beverages, or for non-core bathrooms, and that for the following portions of the Premises the cleaning services will be limited to emptying and re-lining standard size refuse containers and vacuuming the carpeted floor areas thereof: exhibition areas, classrooms, auditoriums, trading floors, storage rooms, shipping rooms, messenger centers, mail rooms, computer and data processing rooms, reproduction, duplicating and multi-media rooms, broadcasting and telecom facilities, file rooms, infrastructure areas and areas used for other activities or equipment which are not typical office use. The Tenant agrees that it shall install window blinds or shades on all windows of the Office Premises in accordance with Building Regulations. No representation or agreement is made by the Landlord with respect to the adequacy or fitness of such air conditioning or ventilation to maintain temperatures that may be required for, or because of, the operation of any computer, data processing or other electronic equipment of the Tenant in excess of the specifications therefor for which the Landlord is expressly obligated hereunder, and the Landlord assumes no responsibility, and shall have no liability for any loss or damage however sustained, in connection with any such operations by the ~~right to charge Tenant a connection fee and/or a monthly usage fee~~Tenant. Unless otherwise provided in this Lease, ~~as reasonably determined by Landlord;~~ (cx) ~~standard janitorial service~~ “Business Hours”, means 8:00 A.M. until 6:00 P.M. on Business Days; (dy) ~~unattended elevator service;~~ “Business Day(s)” means (ei) ~~electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7~~ days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.than Saturdays,

Appears in 1 contract

Samples: Lease (Greenhill & Co Inc)

Building Services. ~~7.01~~ Landlord shall furnish Tenant with the following ~~services:~~ services (the costs of which shall be included in Expenses, except for such costs that are separately metered or check metered for the Premises, all of which separately metered or check metered costs shall be paid by Tenant as provided below): (a) reasonable quantities of hot and cold water for use in the Base Building ~~lavatories~~ restrooms and ~~drinking purposes~~reasonable quantities of cold water for use in the Premises; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlordseason; (c) standard janitorial service for the Common Areas nightly on Business ~~Days~~Days (it being acknowledged and agreed that Tenant shall be solely responsible for all cleaning and janitorial services for the Premises per Section 9.01 of this Lease); (d) ~~unattended~~ elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may ~~reasonably~~ from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; ~~and~~ (g) ~~subject to Section 26.10~~maintenance of the exterior areas of the Property, including sweeping, landscaping and snow and ice removal; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. ~~If Landlord, at Tenant’s request, provides any services which are not~~ Landlord warrants and represents that to the best of Landlord’s ~~express obligation under~~ knowledge all utilities required by this ~~Lease~~Lease are presently available at the Premises. To the extent that any of the foregoing utility services for the Premises are separately metered, Tenant shall timely pay the separate charges for such services directly to the applicable utility company. To the extent that any of the foregoing utility services for the Premises (including, without limitation, air handling units or other HVAC equipment serving the Premises) or any ~~repairs which are Tenant’s responsibility pursuant~~ other equipment serving the Premises, whether exclusively or in common, is not metered directly by the utility company to ~~Section 9 below~~the Premises, Tenant shall pay to Landlord, ~~or such other party designated by Landlord~~as Additional Rent, the ~~cost~~ costs of ~~providing~~ such utility service ~~plus an administrative charge of ten percent~~ (~~10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant~~ without mark-up) by a ~~separate, flat-rate~~ separate charge ~~(except the same may be increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on ~~actual increases in~~ evidence from the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, percheck-~~rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard~~ meters installed for the ~~Building, Tenant shall pay Landlord Additional Rent for~~ Premises or equipment serving the ~~cost of such excess electrical usage and, if applicable~~Premises or, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises ~~is rendered Untenantable (as defined below) solely as a result~~ or equipment that from time to time does not have operational check-meters, based on reasonable allocations prepared by Xxxxxxxx’s building engineer for the space and period in question. Tenant shall make estimated monthly payments for any utility charges payable to Landlord hereunder, in advance on the first day of each month or partial month of the ~~failure of any Essential Service (as defined below) due~~ Term, based on amounts estimated by Landlord from time to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable time for such ~~calendar month,~~ utility charges and provided ~~that any amount not permitted~~ to ~~be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease~~Tenant in writing, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.periodic reconciliations based on actual check-meter readings and utility rates for the

Appears in 1 contract

Samples: Lease Agreement (Prime Medicine, Inc.)

Building Services. ~~7.01~~ As long as Tenant is not in monetary default ----------------- under this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises, the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as in Landlord's reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes~~Premises; ~~(b) customary heat and~~ provided, however, that if Tenant shall require heating, ventilation or air conditioning in ~~season during Building Service Hours (~~excess of that which Landlord shall be required to provide hereunder. Landlord may provide such additional heating, ~~although (i) Tenant~~ ventilation or air conditioning at such rates and upon such additional conditions as shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change be determined by Landlord from time to time. (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay Landlord the cost of removal of Tenant's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current as required for building standard lighting and fractional horsepower office machines; provided, however, that: (i) without Landlord's consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant's payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord~~’s failure~~ 's consent may be conditioned upon Tenant's requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure (defined in~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.1 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable upon demand by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Building Services. ~~7.01~~ SECTION 1. Landlord shall make the following amenities available at the Complex to Tenant: (A) a Self-Service Cafeteria, and a Cardiovascular Fitness Center (each, a "Basic Service," and collectively, the "Basic Services"); and (B) the Auditorium, the red brick structure currently designated as the "Apartments" and located at the entrance driveway to the Complex, Service/Private Dining Rooms A, B, C, and D, a Library/Information Center in sub-basement of the Building, Training Rooms "A" and "B" on the Terrace Level of the Building, Copy Center, Notions Shop, Dry Cleaners, Travel Agency, Barbxx Xxxp, ATM Machine and Credit Union (each an "Optional Service", and collectively, the "Optional Services"). The Basic Services and Optional Services shall be available to Tenant at prices and at a standard no less favorable than the Basic Services and the Optional Services are from time to time available to Texaco Inc. or its Affiliates occupying space in the Building. If Texaco Inc. or its Affiliates cease to occupy space in the Building or Texaco Inc. or an Affiliate of Texaco Inc. ceases to be the Landlord, the Basic Services and the Optional Services shall be available to Tenant at prices and at a standard no less favorable than is customary in Westchester County for tenant-occupied first class office buildings of comparable square footage to the Building, but in no event shall such prices be in excess of that charged to any other tenant or occupant of the Building for such services. SECTION 2. The Basic Services and the Optional Services shall be available to Tenant for the entire Lease Term, provided that Landlord may at its option discontinue any Optional Service to Tenant without reduction in rent or other liability to Tenant if no other tenant or occupant of the Building, including Texaco Inc. and Affiliates of Texaco Inc., is entitled to receive such service from Landlord. SECTION 3. As long as Landlord makes the Basic Services available to Tenant, Tenant may not utilize space in the Demised Premises for a cafeteria (but nothing herein prohibits the kitchenette and vending machines permitted in Section 3 of Article 9) or for a fitness center or gym. SECTION 4. Landlord shall furnish reasonably adequate quantities of domestic water to the floor or floors on which the Demised Premises are located for drinking, lavatory, toilet, dishwasher and ordinary cleaning purposes. If Tenant requires, uses or consumes water for any purpose in addition to ordinary lavatory, drinking and cleaning purposes, Landlord may install a water meter and thereby measure Tenant's consumption of water for all purposes. Tenant shall pay to Landlord the cost of any such meter and its installation, and Tenant, at Tenant's sole cost and expense, shall keep any such meter in good working order and repair. Tenant agrees to pay for water consumed as shown on such meter, and sewer charges thereon, as and when bills are rendered. If Tenant uses hot water for other than lavatory or kitchenette purposes, Tenant shall pay for same at the rate of four (4) times the metered charges for cold water. SECTION 5. Landlord shall keep clean, and in good order and repair, the public areas and the public facilities of the Complex. SECTION 6. Landlord shall provide public elevator services to the floor(s) on which the Demised Premises are situated during Standard Business Hours, and shall have at least one (1) elevator subject to call at all other times. The elevator(s), or any or all of them, if more than one, may be operated by automatic control, and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. (A) Provided that Tenant shall keep the Demised Premises in good order, Landlord shall cause the Demised Premises, including the exterior and the interior of the windows thereof (subject to Tenant maintaining unrestricted access to such windows), but excluding any portions of the Demised Premises used for the storage, preparation, service or consumption of food or beverages, to be cleaned in accordance with and to the ~~following services:~~ extent of the standards set forth in a certain schedule of Cleaning Specifications annexed hereto and hereby made a part hereof as Exhibit "D". Tenant will not clean, nor require, permit, suffer or allow any window in the Demised Premises to be cleaned from the outside. Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord for (a) ~~hot and cold water for use~~ cleaning work in the ~~Base~~ Demised Premises or the Building or otherwise on or about the Complex required because of (1) misuse or neglect on the part of Tenant or its agents, employees, contractors, subcontractors or visitors, (2) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, reproducing operations, data processing or computer operations which are not incidental to Tenant's primary business, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work other than office area, (3) interior glass surfaces other than exterior windows, (4) non-Building Standard materials or finishes installed by Tenant or at its request, (5) increases in frequency or scope in any of the items set forth in Exhibit "D" as shall have been requested by Tenant, and ~~drinking purposes;~~ (b) ~~customary heat~~ removal from the Demised Premises and ~~air conditioning~~ the Building of (1) so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated daily in ~~season during Building Service Hours~~ the routine or ordinary business office occupancy and (~~, although~~ 2) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any eating facilities requiring special handling (~~i) Tenant~~ known as "Wet Garbage"). Landlord and its cleaning contractor and their employees shall ~~have the right to receive HVAC service~~ during hours other than ~~Building Service~~ Standard Business Hours ~~by paying Landlord’s then standard charge~~ have access to the Demised Premises and the use of Tenant's light, power and water in the Demised Premises as may be reasonably required for ~~additional HVAC service~~ the purpose of cleaning the Demised Premises. Extraordinary waste (such as crates, cartons (other than supply cartons and ~~providing such prior notice~~ other cartons as ~~is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time~~are usual in normal office use), boxes, etc., and used furniture or equipment) shall be removed from the Building by Tenant at Tenant's own cost and expense. At no time shall Tenant place any waste of any kind in any public areas. If Tenant does so, the parties agree that everything so placed shall be deemed abandoned and of no value to Tenant and Landlord may have the same removed and disposed of at Tenant's expense. Such expense shall be deemed additional rent payable by Tenant within fifteen (ii15) if days after being billed therefor. This remedy is in addition to any other remedies Landlord may have under this Lease. (B) Tenant is permitted hereunder to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate separate kitchenette areas for the ~~Property. If~~ storage, preparation, service or consumption of food or beverages in the Demised Premises and Landlord, at Tenant~~’s request~~'s expense, ~~provides~~ shall cause all portions of the Demised Premises so used to be SECTION 8. Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to stop, interrupt, or suspend service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or the rendition of any other services ~~which are not Landlord’s express obligation~~ required of Landlord under this Lease, ~~including~~whenever and for so long as may be necessary, ~~without limitation~~by reason of accidents, ~~any~~ emergencies, mechanical breakdowns, the making of repairs or changes which ~~are Tenant’s responsibility pursuant~~ Landlord is required by this Lease or by law to ~~Section 9 below, Tenant shall pay Landlord~~make, or ~~such other party designated~~ by ~~Landlord~~reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of Events of Force Majeure. In each instance Landlord shall use best efforts to eliminate the ~~cost~~ cause of ~~providing such~~ stoppage and to effect restoration of service ~~plus an administrative charge of ten percent (10%)~~and shall give Tenant reasonable notice, ~~the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall~~when practicable, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the ~~Premises)~~ commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the ~~amount~~ Demised Premises for such purpose, such work shall be performed in a manner as, to the extent practicable, will not unreasonably interfere with Tenant's use and occupancy of ~~$1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder~~the Demised Premises. Landlord shall have ~~the right from time~~ no responsibility or liability to ~~time to reasonably increase such monthly flat-rate amount payable~~ Tenant by ~~Tenant hereunder based on actual increases in the cost~~ reason of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, ~~diminishment~~ stoppage, or ~~termination of services due to the application of Laws, the failure~~ suspense of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the ~~Premises is rendered Untenantable (as defined below) solely as a result~~ Building systems or services arising out of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated causes set forth in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly capSection. In the event that the ~~foregoing monthly cap would~~ stoppage, interruption or suspension prevents Tenant from conducting its business in the ordinary course for thirty (30) consecutive days, Tenant shall be entitled to an abatement of its rent commencing on the 31st day and continuing until such Building system is restored, provided, however, that if such stoppage, interruption or suspension shall continue for one hundred eighty (180) consecutive days, Tenant shall have the ~~effect~~ right, upon written notice of ~~depriving Tenant~~ not less than thirty (30) days, to terminate this Lease whereupon the rights and obligations of both parties shall cease and terminate as of the designated Lease Termination Date, and neither party shall have any ~~portion of abatement to which it is otherwise entitled hereunder due~~ further obligation or responsibility to the ~~number of calendar months remaining~~ other. SECTION 9. Landlord shall not be required to furnish any other services, including but not limited to window or other cleaning services, except as expressly provided in this Lease, including the ~~term, the monthly cap may be increased proportionately~~ exhibits to ~~the extent necessary to avoid such result~~this Lease which are made a part hereof.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Building Services. ~~7.01~~ Landlord shall ~~furnish Tenant with~~ provide, as part of Operating Expenses, building services comparable to those provided in comparable buildings in the general vicinity of the Building. Without limiting the foregoing, Landlord shall provide the following services: : (a) ~~hot~~ Access to the Premises and ~~cold water~~ Common Areas for ~~use~~ duly authorized and identified employees of Tenant twenty-four hours per day, seven days per week, three hundred sixty-five days a year, through a key card system, subject to Landlord's right to close the Building in the ~~Base Building lavatories and drinking purposes;~~ event of an emergency or casualty. (b) ~~customary heat~~ Necessary elevator facilities for access to the Premises, except if such services must be stopped for replacements or repairs in the reasonable judgment of the Landlord, in which event alternative access shall be provided by Landlord. (c) Heat, ventilation and ~~air~~ air-conditioning ~~in season~~ ("HVAC") to the Premises for comfortable office use during regular business hours (from 7:00 a.m. to 7:00 p.m. Monday through Friday on regular business days and from 8:00 a.m. to 1:00 p.m. on Saturdays). Minimum levels of heating and cooling are maintained throughout the Building ~~Service Hours (~~after hours according to the respective seasons. If Tenant requires after hours HVAC service, ~~although (i)~~ such additional service shall be furnished at Tenant's request by use of a thermostat located within the Premises. Tenant ~~shall have~~ agrees to pay to Landlord, as Additional Rent, the ~~right to receive HVAC~~ cost for such additional service ~~during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice~~ as ~~is reasonably specified~~ determined by Landlord (in its reasonable discretion, but in no event at a charge less than Landlord’s 's actual cost plus overhead for such additional service. The parties acknowledge that Landlord's current charge for ~~afterhours~~ after-hours HVAC service is $60 45.00 per hour, which is subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity adjustment from time to time (based on increases in actual cost). In the event Tenant introduces into the Building personnel or equipment which overloads the capacity of the HVAC system serving the Premises or in any other way interferes with the ability of such system to perform adequately its proper functions, supplementary systems may, if and ~~such connection and use shall~~ as needed, at Landlord's option, be ~~subject to Landlord’s reasonable approval and reasonable restrictions imposed~~ provided by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of ~~providing~~ such ~~service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option,~~ supplementary systems shall be ~~paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02)~~ payable by Tenant to Landlord ~~monthly with~~ upon demand as Additional Rent~~, initially estimated~~ . (~~at the rate of $1.50 per rentable square foot~~ d) Cleaning of the ~~Premises) to be~~ Premises and the Common Areas, all in ~~the amount of $1,633.25 per month~~ accordance with Landlord's reasonable cleaning specifications attached hereto as Exhibit E (~~$19,599.00 per annum)~~provided, ~~payable as Additional Rent hereunder.~~ however, that Landlord shall ~~have~~ not responsible for cleaning the ~~right from time to time to reasonably increase such monthly flat-rate amount~~ Lab Area, and as a result, Tenant shall receive a $250/month credit toward Tenant's Pro Rata Share of increases in Operating Expenses payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(shereunder). ~~7.03 Landlord’s failure to furnish~~(e) Normal lighting of the main lobby, ~~or any interruption~~elevators, ~~diminishment or termination~~ washrooms and stairs. (f) Keep all roadways, walks and parking and loading areas reasonably free of ~~services due~~ snow and ice. (g) Onsite property management customary for properties similar to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining Property in the ~~term, the monthly cap may be increased proportionately to the extent necessary to avoid such result~~Route 128 South market.

Appears in 1 contract

Samples: Lease (Collegium Pharmaceutical, Inc)

Appears in 1 contract

Samples: Office Lease Agreement (Ironwood Pharmaceuticals Inc)

Building Services. ~~7.01~~ (a) Landlord shall, on Business Days (except Saturdays) from 8:00 a.m. to 6:00 p.m. (and on Saturdays from 9:00 a.m. to 1:00 p.m.), furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of usable floor space. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord shall furnish ~~Tenant with the following services: (a) hot~~ such service and ~~cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i)~~ Tenant shall ~~have the right~~ pay to ~~receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ Landlord therefor such ~~prior notice~~ charges as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity may from time to time be in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, or which affects the temperature otherwise maintained by the air conditioning system, supplementary systems may, if and ~~such connection and use shall~~ as needed, at Landlord's option, be ~~subject to Landlord’s reasonable approval and reasonable restrictions imposed~~ provided by Landlord, ~~and~~ at Tenant's expense. (b) Landlord shall ~~have~~ also provide: (i) Hot water for lavatory purposes and cold water (at temperatures supplied by the ~~right~~ utility service supplying same) for drinking, lavatory and toilet purposes. If Tenant uses water for any purposes other than for ordinary lavatory and drinking purposes, Landlord may assess a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant's water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and equipment in good working order and repair. Tenant agrees to ~~charge Tenant a connection fee and/or a monthly usage fee~~pay for water consumed, as ~~reasonably determined~~ shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in the event of any default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (ii) Cleaning and janitorial services to the Premises, provided the same are kept in order by ~~Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity~~ Tenant, in accordance with the ~~terms and conditions~~ cleaning standards set forth in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunderExhibit E attached hereto. ~~7.02 Electricity used~~ (iii) Passenger elevator service from the existing passenger elevator system, for use by Tenant in ~~the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to~~ common with Landlord ~~monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot~~ and other tenants of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building~~, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)~~. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Standard Office Lease (Physicians Quality Care Inc)

Building Services. ~~7.01~~ As long as Tenant is not in monetary default ------------------ under this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes; (b) customary heat and~~ Premises. Landlord may make available to Tenant heating, ventilation or air conditioning in ~~season during Building Service Hours (, although (i) Tenant~~ excess of that which Landlord shall ~~have the right~~ be required to ~~receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ provide hereunder upon such ~~prior notice~~ conditions as ~~is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change~~ shall be determined by Landlord from time to time. Landlord's fee for any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article IV. (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenant's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current of not less than 5 xxxxx per square foot for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord's consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant's payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord~~’s failure~~ 's consent may be conditioned upon Tenant's requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure (defined in~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.01 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable upon demand by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 1 contract

Samples: Office Lease (Igate Capital Corp)

Appears in 1 contract

Samples: Office Lease Agreement (Stealth BioTherapeutics Corp)

Building Services. ~~7.01~~ Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service. (B) During Business Hours, Monday through Friday, such air conditioning, heating and ~~cold water~~ ventilation as are reasonably required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes~~Premises; ~~(b) customary heat and~~ provided, however, that if Tenant shall require heating, ventilation or air conditioning in ~~season during Building Service Hours (~~excess of that which Landlord shall be required to provide hereunder, ~~although (i) Tenant~~ Landlord may provide such additional heating, ventilation or air conditioning at such rates and upon such additional conditions as shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change be determined by Landlord from time to time. (C) At all reasonable times, electric current as required for building standard lighting and fractional horsepower office machines; provided, however, that: (i) without Landlord's consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic date processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may condition its consent upon Tenant's payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s)~~rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (~~defined in Section 26.03~~D) Water for drinking and rest room purposes. (~~collectively a “Service Failure”~~E) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct Reasonable janitorial and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is curedcleaning services, provided that ~~such abatement~~ the Premises-are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices or if the Tenant elects and Landlord consents, the Premises shall ~~not commence until~~ be kept clean and in order by Tenant, at Tenant's expense, to the ~~fifth (5th) Business Day after the date on which~~ satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant ~~delivers written notice~~ shall pay to Landlord the cost of ~~the interruption~~ removal of Tenant's refuse and ~~an opportunity~~rubbish, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent ~~necessary~~ that the same exceeds the refuse and rubbish attendant to ~~avoid such result~~normal office usage. Any amounts which Tenant is required to pay to Landlord pursuant to this Paragraph 9.1 shall be payable upon demand by Landlord and shall constitute additional rent.

Appears in 1 contract

Samples: Office Lease Agreement (Mypoints Com Inc)

Building Services. ~~7.01~~ Throughout the Term, Landlord ~~shall~~ agrees that the Building will be managed and maintained in accordance with generally accepted industry practices and in a manner befitting a modern, first class rental office building in Fairfax County, Virginia, and that, subject to Legal Requirements, it will furnish to Tenant ~~with~~ the following services: : (a1) ~~hot and cold water for use in~~ Subject to the ~~Base Building lavatories and drinking purposes;~~ provisions of subsection (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), normal and usual electricity for lighting purposes and the operation of ordinary office equipment; (ii2) ~~if Tenant is permitted to connect any supplemental HVAC units to~~ Adequate supplies for toilet rooms located in public areas of the Building~~’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time~~ ; (3) Normal and ~~such connection~~ usual cleaning and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial ~~service~~ services after business hours on Business ~~Days; (d) unattended elevator service; (e) electricity~~ Days in accordance with the ~~terms~~ standards set forth in Exhibit D attached hereto and ~~conditions in Section 7.02; (f) access~~ made a part hereof, provided, however, that Landlord shall not provide cleaning and janitorial services to the double- secured areas of the Leased Premises; (4) Hot and cold running water in the toilet rooms located in public areas of the Building ~~for Tenant~~ and ~~its employees 24 hours per day/7 days per week, subject~~ at valved outlets at the locations in the Leased Premises shown on Tenant's Space Layout; (5) Subject to the ~~terms~~ provisions of ~~this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards;~~ subsections (c) and (~~g) subject~~ e), heating and air-conditioning to ~~Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate~~ the Leased Premises when required for the ~~Property. If Landlord~~comfortable occupancy of the Leased Premises, at ~~Tenant’s request~~reasonable temperatures, ~~provides any services which are not Landlord’s express obligation under this Lease~~pressures and degrees of humidity, ~~including~~and in reasonable volumes and velocities, ~~without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord,~~ between the ~~cost~~ hours of ~~providing such service plus an administrative charge~~ 8:00 A.M. and 7:00 P.M. on Business Days and between the hours of ~~ten percent (10%), the same to constitute Additional Rent hereunder.~~9:00 A.M. and 1:00 P.M. on Saturdays unless Saturday is a legal holiday; 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) ~~xxxxx per square foot~~Automatically operated elevator facilities 24 hours a day, ~~as reasonably determined by Landlord, based upon~~ seven days a week throughout the ~~Building standard electrical design load. Landlord shall have~~ Term; (7) All electric bulbs and fluorescent tubes in permanently installed light fixtures in the ~~right~~ Leased Premises and in the public areas of the Building; (8) Five (5) keys for the suite entry door to ~~measure electrical usage by commonly accepted methods, including~~ each portion of the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, Leased Premises located on a ~~monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the~~ separate Floor at no cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, ~~constitute~~ but all additional keys, including replacements for lost keys, shall be issued only upon the payment of a ~~constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from~~ reasonable cost for each additional key; (9) An electronic card security access system for the ~~obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion~~ public areas of the ~~Premises is rendered Untenantable~~ Building and the garage and a reasonable number of access cards for use by Tenant's employees; and (~~as defined below~~10) ~~solely as a result~~ A fully-operational structured parking facility for use by tenants of the ~~failure of any Essential Service (as defined below) due~~ Building with access limited to Persons authorized by Tenant or Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Deed of Lease (Icf Kaiser International Inc)

Building Services. ~~7.01 Landlord shall furnish Tenant with the following services:~~ (a) ~~hot~~ Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of Premises Rentable Area and an electrical load not exceeding 3.0 wattx xxx square foot of Premises Rentable Area. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. (b) Landlord shall also provide: (i) Passenger elevator service from the existing passenger elevator system in common with Landlord and other tenants in the Building. (ii) Warm water for lavatory purposes and cold water (at temperatures supplied by the city in which the Property is located) for ~~use in the Base Building lavatories~~ drinking, lavatory and toilet purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes~~; (b) customary heat~~ , Landlord may assess a reasonable charge for the additional water so used, or install a water meter and ~~air conditioning in season during Building Service Hours (~~thereby measure Tenant's water consumption for all purposes. In the latter event, ~~although (i)~~ Tenant shall ~~have~~ pay the ~~right~~ cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to ~~receive HVAC service during hours~~ pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (iii) Cleaning and janitorial services to the Premises, provided the same are kept in order by Tenant, substantially in accordance with the cleaning standards from time to time in effect for the Building. (c) Free access to the Premises on Business Days from 8:00 a.m. to 6:00 p.m., and at all other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, times subject to ~~change by~~ security precautions from time to time in effect, and subject always to restrictions based on emergency conditions. (d) Landlord or Agent may from time to time), but shall not be obligated to, provide one or more uniformed attendants in or about the lobby of the Building. Unless Landlord expressly agrees otherwise in writing, such attendant(s) shall serve functions such as assisting visitors and invitees of tenants and others in the Building, monitoring fire control and alarm equipment, and summoning emergency services to the Building as and when needed. Tenant expressly acknowledges and agrees that: (i) such attendants shall not serve as police officers, and will be unarmed, and will not be trained in situations involving potentially physical confrontation; and (ii) if ~~Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line~~provided, such ~~permission shall~~ attendants will be ~~conditioned upon Landlord having adequate excess capacity from time~~ provided solely as an amenity to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to tenants of the Building for ~~Tenant~~ the sole purposes set forth above, and ~~its employees 24 hours per day/7 days per week~~not for the purpose of securing any individual tenant premises or guaranteeing the physical safety of Tenant's Premises or of Tenant's employees, ~~subject~~ agents, contractors or invitees. If and to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject extent that Tenant desires to ~~Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate~~ provide security for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowPremises or for such persons or their property, Tenant shall ~~pay~~ be responsible for so doing, after having first consulted with Landlord and after obtaining Landlord's consent, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, which shall not be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunderunreasonably withheld. Landlord ~~shall have~~ expressly disclaims any and all responsibility and/or liability for the ~~right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases~~ physical safety of Tenant's property, and for that of Tenant's employees, agents, contractors and invitees, and, without in any way limiting the ~~cost~~ operation of ~~electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord~~Article X hereof, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for ~~the cost~~ itself and its agents, contractors, invitees and employees, hereby expressly waives any claim, action, cause of ~~purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish,~~ action or ~~any interruption, diminishment~~ other right which may accrue or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely arise as a result of ~~the failure of~~ any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.damage or

Appears in 1 contract

Samples: Lease (Beacon Education Management Inc)

Building Services. ~~7.01~~ As long as Tenant is not in monetary default under this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes; (b) customary heat and~~ Premises. Landlord may make available to Tenant heating, ventilation or air conditioning in ~~season during Building Service Hours (, although (i) Tenant~~ excess of that which Landlord shall ~~have the right~~ be required to ~~receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ provide hereunder upon such ~~prior notice~~ conditions as ~~is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change~~ shall be determined by Landlord from time to time. Landlord's fee for any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article IV. (see Addendum 1) (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenant's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current of not less than 3.5 xxxxx per square foot for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord's consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants. Landlord may refuse to grant its consent or may condition its consent upon Tenant's payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ motor(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord~~’s failure~~ 's consent may be conditioned upon Tenant's requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system, Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure (defined in~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.01 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable upon demand by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 1 contract

Samples: Office Lease (Deja Foods Inc)

Building Services. ~~7.01~~ Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ Tenant, at Landlord's ----------------- expense, while occupying the ~~following services~~Leased Premises: (a) ~~hot~~ janitor and ~~cold water for use in the Base Building lavatories~~ maintenance service on a daily basis, excluding weekends and ~~drinking purposes~~Holidays (as hereinafter defined); (b) ~~customary heat~~ passenger elevator service in common with other tenants daily and freight elevator service in common with other tenants upon request; (c) water, at those points of supply provided for general use of tenants; and (d) heated or cooled air ~~conditioning~~ in season ~~during Building Service Hours (~~at such times as Landlord normally furnishes these services to all tenants of the Building, ~~although (i) Tenant shall have the right~~ and at such temperatures and in such amounts as are in accordance with any applicable statutes, rules or regulations such service on Sunday and Holidays to ~~receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified~~ be provided by Landlord (at Landlord~~’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time)~~'s sole option, and upon prior written request from Tenant (~~ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon~~ Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have hereby reserves the right to charge Tenant for any such Sunday or Holiday service used by Tenant on a ~~connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance~~ prorated basis with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systemsthose other tenants, if any, using the service during said time periods). Holidays shall mean and include only the following days: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. At night, the building shall be locked and access shall be the same as ~~Landlord may reasonably impose, including, without limitation, sign-~~now exists in ~~procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for~~ the ~~Property~~Building. If heat or air conditioning is furnished at the request of the Tenant in hours other than normal working hours (Monday through Friday from 8:00 A.M. to 8:00 P.M. and 8:00 A.M. to 4:00 P.M. on Saturday). Tenant will pay Landlord charges to supply such services at Landlord's costs; but neither failure to any extent to furnish, ~~at Tenant’s request~~nor any stoppage or interruption of, ~~provides~~ these defined services, resulting from any ~~services which are not~~ cause beyond Landlord~~’s express obligation under this Lease~~'s control, ~~including~~shall render Landlord liable in any respect for damages to any person, ~~without limitation~~property, or business, nor be construed as an eviction of Tenant or work an abatement of rent, nor relieve Tenant from fulfillment of any ~~repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ covenant or agreement hereof. Tenant shall pay ~~Landlord~~Landlord Tenant's Proportionate Share of the costs of such services, or ~~such other party designated by Landlord~~if ascertainable, the ~~cost~~ costs of ~~providing~~ Tenant's actual use of such ~~service plus an administrative charge~~ services, in monthly installments fixed by Landlord in addition to the Expenses described in Section 3.2 of ~~ten percent (10%)~~this Lease. Should any equipment or machinery furnished by Landlord cease to function properly, Landlord shall use reasonable and diligent efforts to repair the same ~~to constitute Additional Rent hereunder. 7.02 Electricity~~ promptly. Whenever heat generating machines or equipment are used by Tenant in the Leased Premises ~~shall~~which affect the temperature otherwise maintained by the air conditioning equipment, ~~at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to~~ Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have reserves the right to ~~measure electrical usage~~ install air conditioning units in the Leased Premises (or for the use of the Leased Premises), and the expense of such purchase, installation, maintenance, and repair shall be paid by ~~commonly accepted methods~~Tenant upon demand as additional rent or in the alternative, ~~including~~ Tenant shall continue to occupy the ~~installation~~ Leased Premises without further responsibility of ~~measuring devices such as submeters and check meters~~Landlord for additional air conditioning. ~~If it is determined~~ Tenant acknowledges that ~~Tenant is using electricity~~ Landlord does not provide 24-hour security services in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, ~~Tenant shall pay~~ and hereby waives, on behalf of itself, its officers, shareholders, partners, employees, agents and invitees, any and all claims of any nature or kind against Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render fact that Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twentyprovide 24-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining hour security services in the ~~term, the monthly cap may be increased proportionately to the extent necessary to avoid such result~~Building.

Appears in 1 contract

Samples: Lease Agreement (Britesmile Inc)

Building Services. ~~7.01~~ 9.1 Throughout the term of this Lease, subject to shortage and accidents beyond Landlord's reasonable control, and subject to reimbursement pursuant to Section 4.2, Landlord shall repair and maintain all structural elements of the Building and common areas (including, without limitation, the structural walls, doors, floors, ceilings, roof, elevators, stairwells, lobby, heating system, air conditioning system, telephone cable riser for Building-standard service from the Building's main terminal to the terminal box on the same floor as the Premises [but excluding Tenant's telephone equipment and the cable and wiring from such equipment to the terminal box], plumbing and electrical wiring) and maintain the exterior of the Premises, including grounds, walks, drives and loading area, if any. Tenant shall reimburse Landlord upon demand, as additional rent hereunder, for the cost of any repairs or extraordinary maintenance necessitated by acts of Tenant or Tenant's employees, contractors, agents, licensees or invitees. 9.2 Provided that Tenant is not in default hereunder, subject to shortages and accidents beyond Landlord's reasonable control, Landlord shall furnish ~~Tenant with the following services: (a) hot and cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat~~ building standard heating and air conditioning ~~in season during Building Service Hours (~~service Monday through Friday from 8:00 A.M. to 6:00 P.M., ~~although (i) Tenant shall have the right~~ and Saturday from 8:00 A.M. to ~~receive HVAC service~~ 1:00 P.M., except for holidays. No heating or air conditioning will be furnished by Landlord on Sundays, holidays or during hours other ~~than Building Service Hours by paying Landlord’s~~ then ~~standard~~ as set forth above, except upon prior arrangement with Tenant and at an extra charge ~~for additional HVAC service~~ as may be agreed to between Landlord and ~~providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour~~Tenant. For purposes of this Section 9.2, ~~subject to change by Landlord from time to time),~~ "holidays" shall mean and ~~(ii) if Tenant is permitted to connect any supplemental HVAC units~~ refer to the ~~Building’s condenser water loop~~ holidays of Christmas, New Year's Day, President's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving and the day after Thanksgiving, as those holidays are defined, recognized or ~~chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity~~ established by governmental authorities or agencies from time to time and such ~~connection and use~~ other days the New York Stock Exchange is closed. Tenant shall install, at its expense, such additional air conditioning equipment as may be ~~subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as~~ reasonably determined by ~~Landlord; (c)~~ Landlord to be necessary in order to maintain building air conditioning standards resulting from Tenant's installation and operation of computer equipment or other special equipment or facilities placing a greater burden on the air conditioning system that would general office use. Landlord shall furnish electric current to the Premises in amounts reasonably sufficient for normal business use, including operation of building standard ~~janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with~~ lighting and operation of typewriters and standard fractional horsepower office machinery. Tenant agrees that, at all times during the ~~terms and conditions in Section 7.02; (f) access~~ term of this Lease, Tenant's use of electric current shall never exceed the capacity of the feeders to the Building ~~for~~ or the risers or wiring installation in the Building. Tenant ~~and its employees 24 hours per day/7 days per week~~shall not install or use or permit the installation or use upon or about the Premises of any computer or electronic data processing or other equipment using current in excess of 110 volts or requiring power in excess of 500 xxxxx, ~~subject to~~ without the ~~terms~~ express prior written consent of Landlord. Tenant shall pay monthly upon billing as additional rent under this Lease ~~and~~ such ~~protective services or monitoring systems, if any,~~ sums as ~~Landlord~~ Landlord's building engineer may reasonably ~~impose,~~ determine to be necessary in order to reimburse Landlord for the additional cost of utilities (including, without limitation, ~~sign-~~electricity, gas and other fuels or power sources, and water, and Landlord's reasonable costs of administration) attributable to the operation of additional air conditioning equipment and any other requirements in ~~procedures and/or presentation~~ excess of ~~identification cards; and (g) subject to Section 26.10, such~~ those for normal office use by reason of the operation of computer equipment or other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlordspecial equipment of facilities, or ~~such other party designated by Landlord,~~ attributable to Tenant's conducting business beyond the ~~cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant~~ business hours described in the ~~Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in~~ first sentence of this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s)9. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 1 contract

Samples: Office Lease (Pac-West Telecomm Inc)

Building Services. ~~7.01~~ 7.1 As long as Tenant is not in Default under this Lease, as part of Operating Expenses for the Premises and subject to the provisions of this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished during the Term the following utilities and services: , subject to the conditions and standards set forth herein: (a) ~~hot and cold~~ City water from the regular Building outlets for use in the Base Building lavatories and ~~drinking purposes~~pantry to be drawn from the public lavatory in the core of the floor or floors on which the Premises is located; if Tenant elects to install a kitchen in the Premises, Landlord agrees to provide water service to such kitchen, provided that (i) Tenant shall be responsible for the cost (subject to the application of the Tenant Improvement Allowance) of extending any water supply infrastructure from the connection to the second (2nd) floor to said kitchen and (ii) any such water consumed at such kitchen shall be separately metered, measured or calculated and Tenant shall be responsible for the actual cost of consumption of such water (plus Landlord’s cost incurred in the calculation of such consumption); (b) ~~customary heat~~ heat, ventilation and air conditioning in season during Building Service ~~Hours~~ Hours, except for the date of observation of New Year’s Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord’s good faith discretion, other state and nationally recognized holidays selected by Landlord which are consistent with Institutional Owner Practices (collectively, the “Holidays”) in accordance with the terms and conditions set forth in Section 7.03 below, although ~~(i)~~ Tenant shall have the right to receive HVAC service during hours other than Building Service Hours (“After Hours HVAC”) by paying Landlord’s then ~~standard charge for additional HVAC service~~ prevailing charges (reflecting Landlord’s good faith estimate of Landlord’s actual direct and indirect cost of providing such ~~prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours~~ After Hours HVAC ~~is $60 per hour, subject~~ to ~~change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop~~ an individual floor or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, zone including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.,

Appears in 1 contract

Samples: Lease Agreement (PagerDuty, Inc.)

Appears in 1 contract

Samples: Office Lease Agreement (Fastclick Inc)

Appears in 1 contract

Samples: Office Lease Agreement (Lightbridge Inc)

Building Services. ~~7.01~~ Throughout the Term, Landlord ~~shall furnish Tenant with~~ agrees that the Building will be maintained in the same manner as other Peer Group Buildings, and that, subject to Unavoidable Delays and Legal Requirements, it will furnish, or cause to be furnished, the following services: : (a1) ~~hot and cold water for use in~~ Subject to the ~~Base Building lavatories and drinking purposes;~~ provisions of subsections (b) ~~customary heat~~ and ~~air conditioning in season during Building Service Hours~~ (, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to timec), normal and ~~(ii) if Tenant is permitted~~ usual electricity for lighting, heating, ventilating and cooling the Leased Premises and Building to ~~connect any supplemental HVAC units~~ maintain temperatures comparable to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlordthose of Peer Group Buildings, and Landlord ~~shall have~~ will supply an additional five (5) xxxxx of electricity per square foot of Rentable Area for the ~~right to charge Tenant a connection fee and/or a monthly~~ operation of ordinary office equipment; provided, however, such utilities, including without limitation the total costs (including all capacity, energy and usage ~~fee, as reasonably determined by Landlord;~~ charges) of obtaining and providing electricity or heating and cooling and life safety power generation from Trigen-Inner Harbor East LLC (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or ~~monitoring systems, if any, as Landlord may reasonably impose~~any successor entity, including, without limitation, ~~sign~~Veolia Energy Inner Harbor East, LLC) (the “Trigen Charges”), provided to the Leased Premises shall be sub-~~in procedures and/or presentation~~ metered and Tenant shall pay the cost of ~~identification cards; and (g)~~ all such utilities directly to the applicable utility provider, except that, subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord2, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly electricity and Trigen Charges with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion respect to the portion of the Leased Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord comprised of the ~~interruption~~ 4th Floor Space shall be billed to Tenant by Landlord on a monthly basis and shall be an ~~opportunity, within such five~~ amount equal to the Trigen Charges for the preceding month multiplied by a percent based on the percentage of the 4th Floor occupied by Tenant; (2) Adequate supplies for toilet rooms located in the Common Areas and in the Leased Premises (if any); (3) Cleaning and janitorial services after business hours on Business Days in accordance with the standards set forth in Exhibit C to this Lease; (4) Hot and cold running water in the toilet rooms located in the Common Areas and at valved outlets at the locations in the Leased Premises (if any) shown on Tenant’s Space Layout; (5) Subject to the provisions of subsections (d), heating, ventilating and air-conditioning to the Leased Premises between the hours of 8:00 A.M. and 7:00 P.M. on Business Days and Xxxxxx Xxxxxx Xxxx’x Birthday, President’s Day, Columbus Day ~~period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03~~ and Veteran’s Day and between the hours of 8:00 A.M. and 1:00 P.M. on Saturdays unless Saturday is a Legal Holiday in ~~any one calendar month shall not exceed~~ accordance with the standards set forth in subsection (f); (6) Automatically operated elevator service twenty-~~five percent~~ four (~~25%~~24) ~~of the Base Rent payable for such calendar month~~hours a day, ~~provided that any amount not permitted to be taken as an abatement as~~ seven (7) days a ~~result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease~~week, ~~subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to~~ but Landlord may limit the number of ~~calendar months remaining~~ elevators in the ~~term~~Building in operation at times other than during normal business hours on Business Days; (7) All electric bulbs and fluorescent tubes in light fixtures in the Common Areas and Building Standard light fixtures in the Leased Premises shall be promptly replaced when necessary; (8) A security access system for the Common Areas of the Building as shown on Exhibit J; (9) Sufficient access cards, to be used in conjunction with the ~~monthly cap may be increased proportionately~~ security system, to ~~the extent necessary~~ provide each employee of Tenant with a card, and a system for disarming and replacing cards as employees leave or are replaced; and (10) Access to ~~avoid such result~~fiber optic cable service for Tenant’s telecommunications requirements, including internet access.

Appears in 1 contract

Samples: Lease Agreement (Fidelity & Guaranty Life)

Building Services. ~~7.01~~ Landlord ~~shall~~ agrees to furnish Tenant with the following services: (a) hot and cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right or cause to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hourbe furnished, subject to ~~change~~ the provisions of this Lease, as part of Operating Expenses to the Premises, the following utilities and services, subject to the conditions and standards set forth herein: 8.1.1 Non-attended automatic elevator service. 8.1.2 Subject to all governmental Laws, rules, regulations and guidelines applicable thereto, HVAC to the Premises, which in Landlord's good faith judgment, is required for the comfortable use and occupancy of the Premises from 6:00 A.M. to 6:00 P.M. Monday through Friday (collectively, the "Business Hours") and if Tenant delivers a written request to Landlord twenty-four (24) hours in advance, 9:00 A.M. to 1:00 P.M. Saturdays, except for the date of observation of New Year's Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord's discretion, other state and nationally recognized holidays selected by Landlord which are consistent with Institutional Owner Practices (collectively, the "Holidays"); provided, however, that if Tenant desires to use HVAC during hours ("Non-Business Hours") other than Business Hours and Saturdays from 9:00 A.M. to 1:00 P.M. ("After Hours HVAC"), Tenant shall provide Landlord with prior written notice (which at a minimum shall be twenty-four (24) hours' written notice for weekday use (and written notice prior to 12 Noon on Friday for weekend use)) of Tenant's desired After Hours HVAC use and upon such additional conditions as shall be determined by Landlord from time to time). Tenant shall pay to Landlord Landlord's then prevailing charges (the "After Hours HVAC Rate") for supplying such After Hours HVAC within ten (10) days of receipt of a reasonably detailed xxxx therefor, ~~and (ii) if~~ which After Hours HVAC Rate is currently $65.00 per hour with a one hour minimum. Tenant ~~is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission~~ shall be ~~conditioned upon Landlord having adequate excess capacity from time~~ granted a credit of Ten Thousand Dollars ($10,000.00) per year of the Initial Term to ~~time and such connection and use~~ apply only against Tenant's After Hours HVAC charges; provided, however, any portion of the credit not used during a particular year of the Initial Term, may not be carried forward to subsequent years. Tenant shall be ~~subject~~ responsible for and shall pay to ~~Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and~~ Landlord ~~shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord;~~ any additional costs (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, ~~sign-in procedures and/or presentation~~ the costs of ~~identification cards; and (g~~installation of additional HVAC equipment) ~~subject~~ incurred by Landlord because of the failure of the HVAC system to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant perform its function due to ~~Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost~~ arrangement of ~~providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant~~ partitioning in the Premises ~~shall, at Landlord’s option, be paid for~~ or changes or alterations thereto or from any use by Tenant by of heat-generating machinery or equipment other than normal office equipment, including small photocopying machines and personal computers not linked to a ~~separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (~~central mainframe at the ~~rate~~ Premises. 8.1.3 At all reasonable times, electric current as required for Building standard lighting and fractional horsepower office machines and adequate electrical wiring and facilities for connection to the lighting fixtures and incidental use equipment of ~~$1.50~~ Tenant; provided, however, that notwithstanding any provision of this Lease to the contrary the total connected electrical load for all of the incidental use equipment located in the Premises shall in no case exceed an average of two and one-half (2.5) xxxxx per ~~rentable~~ usable square foot of the ~~Premises)~~ Premises during Business Hours, with the electricity so furnished for incidental use equipment to be at a nominal one hundred twenty (120) volts and with no electrical circuit for the supply of such equipment to require a current capacity exceeding twenty (20) amperes, and the total connected electrical load for Tenant's lighting fixtures within the Premises shall in no case exceed Landlord's per usable square foot Business Hours standard, and the electricity so furnished for Tenant's lighting to be at a nominal one hundred twenty (120) volts. Without Landlord's consent, Tenant shall not install, or permit the installation, in the ~~amount~~ Premises of ~~$1,633.25 per month ($19,599.00 per annum)~~any computers, ~~payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably~~ word processors, electronic data processing equipment or other type of equipment or machines which will increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s 's use of ~~electrical service shall not exceed the Building standard usage~~ electric current in excess of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord ~~reasonably deems~~ is obligated to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure provide pursuant to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section ~~7.03 in any one calendar month shall not exceed twenty-five percent~~ 8.1.3 (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such result."

Appears in 1 contract

Samples: Office Lease (Ultimate Software Group Inc)

Appears in 1 contract

Samples: Office Lease (Fresh Healthy Vending International, Inc.)

Building Services. ~~7.01~~ (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m., furnish heating and cooling as normal seasonal changes may require at least equal to 1cfm per square foot of Premises Usable Area with 20% outdoor air to maintain 69-74 degree Fahrenheit Temperature, under normal business operation at an occupancy of not more than one person per 100 square feet of Premises Usable Area and a combined lighting and standard electrical load not exceeding 3.0 xxxxx per square foot of Premises Usable Area, with the use of venetian blinds on the windows. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Tenant shall give Landlord at least 24 hours' prior notice of such requirement. Landlord shall furnish ~~Tenant with the following services: (a) hot~~ such service and ~~cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i)~~ Tenant shall ~~have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing~~ pay therefor such ~~prior notice~~ charges as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity may from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in ~~the amount of~~ effect. Such charge is currently $~~1,633.25~~ 50.00 per ~~month ($19,599.00~~ hour per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreementfloor. Notwithstanding the foregoing, ~~if all or any portion of the Premises is rendered Untenantable~~ Landlord shall provide heating and cooling from 8:00 a.m. to 1:00 p.m., on no more than twenty-six (~~as defined below~~26) Saturdays per calendar year, solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises ~~rendered Untenantable until~~ on the ~~date on which such Untenantability is cured~~second floor of the Building, provided and on condition that Tenant notifies Landlord in writing that it will require such ~~abatement~~ heating or cooling not less than 24 hours prior to the applicable Saturday. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. (b) Landlord shall also provide: (i) Passenger elevator service in common with Landlord and other tenants in the Building. (ii) Hot water for lavatory and kitchen purposes and cold water (at temperatures supplied by the City of Medford) for drinking, kitchen and lavatory and toilet purposes at a central service area on each floor. If Tenant uses water for any purpose other than for ordinary office kitchen, lavatory and drinking purposes, Landlord may assess a reasonable charge for the additional water so used or install a water meter and thereby measure Tenant's water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (iii) Cleaning and janitorial services on Business Days to (x) the Premises, provided the same are kept in order by Tenant and no extra services are necessary by reason of any special installations made by Tenant, and (y) the Common Areas, substantially in accordance with the cleaning standards set forth in Exhibit CS attached hereto. (iv) Free access to the Premises at all times, 24/7, subject to reasonable security restrictions from time to time in effect, and subject always to restrictions based on emergency conditions. (v) Backup power for normal office use to the Premises through three 2,000 kva generators. Landlord shall perform scheduled preventative maintenance twice per year during the Term. Preventative maintenance will be performed to one generator at a time while the remaining two are on line and available. In addition, the generators will be exercised every two weeks during off hours by running each one for a half hour. (vi) Illuminate the parking areas and the sidewalks after dusk, and illuminate the interior Common Areas. (c) Landlord or Agent from time to time may provide one or more uniformed attendants in or about the lobby of the Building. Such attendant(s) serve functions such as assisting visitors and invitees of tenants and others in the Building, monitoring fire control and alarm equipment, and summoning emergency services to the Building as and when needed. Tenant expressly acknowledges and agrees that: (i) such attendants are not police officers, they are unarmed, and they are not trained in situations involving potentially physical confrontation; and (ii) such attendants have been provided as an amenity to tenants of the Building for the sole purposes set forth above, and not for the purpose of securing any individual tenant premises or guaranteeing the physical safety of Tenant's Premises or of Tenant's employees, agents, contractors or invitees. If and to the extent that Tenant desires to provide additional security for the Premises or for such persons or their property, Tenant shall be responsible for so doing, after having first consulted with Landlord and after obtaining Landlord's consent, which shall not ~~commence until~~ be unreasonably withheld. Landlord expressly disclaims any and all responsibility and/or liability for the ~~fifth (5th) Business Day after~~ physical safety of Tenant's property, and for that of Tenant's employees, agents, contractors and invitees, and, without in any way limiting the ~~date on which Tenant delivers written notice to Landlord~~ operation of ~~the interruption and an opportunity, within such five (5) Business Day period~~Article X hereof, to ~~cure same. The rate at~~ the extent permissible by applicable law, Tenant, for itself and its agents, contractors, invitees and employees, hereby expressly waives any claim, action, cause of action or other right which ~~Base Rent~~ may accrue or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement arise as a result of any damage or injury to the person or property of Tenant or any such ~~monthly cap shall be credited against the Base Rent~~ agent, invitee, contractor or ~~Additional Rent next thereafter due under this Lease, subject to such monthly cap~~employee. ~~In the event~~ Tenant acknowledges that the ~~foregoing monthly cap would have the effect of depriving~~ Building is located in an urban area, and that crimes against property and persons do occasionally occur. Tenant ~~of any portion of abatement to which~~ agrees that, as between Landlord and Tenant, it is ~~otherwise entitled hereunder due~~ Tenant's responsibility to ~~the number of calendar months remaining in the term~~advise its employees, ~~the monthly cap may be increased proportionately~~ agents, contractors and invitees as to ~~the extent~~ necessary ~~to avoid such result~~and appropriate safety precautions.

Appears in 1 contract

Samples: Lease Agreement (First Marblehead Corp)

Building Services. ~~7.01~~ 11.1 Subject to Tenant’s obligations to pay Rental and other rent due under this Lease and subject to the provisions of Exhibit “D”, Landlord shall furnish ~~Tenant~~ the Premises with ~~the following services:~~ (a) ~~hot and cold water for use in the Base Building lavatories and drinking purposes;~~ electricity, (b) ~~customary heat and air conditioning in season during Building Service Hours~~ HVAC, (c) water, ~~although~~ (id) ~~Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then~~ non-attended elevator service, (e) lighting replacement for building standard ~~charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord~~ lights, (~~Landlord’s current charge for afterhours HVAC is $60 per hour~~f) toilet room supplies, ~~subject to change by Landlord from time to time)~~(g) janitorial service, and (iih) if exterior window washing. The costs of these services are considered “Building Operating Costs” pursuant to Paragraph 4, above, except as to any costs billed directly to Tenant. 11.2 Tenant ~~is permitted to connect any supplemental~~ shall upon demand by Landlord reimburse Landlord directly for usage of HVAC ~~units~~ and electricity in the Premises during the “after hours” period (i.e., after 6:00 p.m. and before 8:00 a.m., Monday through Friday, after 1:00 p.m. and before 8:00 a.m. on Saturday, all day on Sunday and State and Federal holidays). Payment of after hours HVAC and electricity usage shall be separate from and in addition to the ~~Building’s condenser water loop or chilled water line~~amounts paid as Building Operating Costs under Paragraph 4, ~~such permission~~ above. For any after hours services requested on a weekday, Tenant shall ~~be conditioned~~ give Landlord at least twenty-four hours’ notice. For any after hours services requested on a weekend, Tenant shall notify Landlord by 3:00 p.m. on the Friday preceding the weekend. In addition, Tenant shall upon ~~Landlord having adequate excess capacity from time~~ demand pay for all additional Building services (“Additional Services”) furnished to ~~time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord~~Tenant (i.e., and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not ~~Landlord~~uniformly furnished to all tenants of the Building). The Additional Services provided shall be billed on a monthly basis. The cost for obtaining such services shall be approved by Tenant in advance. Tenant agrees to pay for such Additional Services on demand. 11.3 No interruption or malfunction of any Building services shall constitute an eviction or disturbance of Tenant’s ~~express obligation~~ use and possession of the Premises or Property or breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of its obligations under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event ~~that the foregoing monthly cap would have the effect of depriving Tenant~~ of any ~~portion of abatement~~ such interruption, however, Landlord shall use reasonable diligence to ~~which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid~~ restore such ~~result~~service.

Appears in 1 contract

Samples: Lease Agreement

Appears in 1 contract

Samples: Office Lease Agreement (Clementia Pharmaceuticals Inc.)

Building Services. ~~7.01 Landlord shall furnish Tenant with the following services:~~ (a) Landlord shall, on Business Days from 8:00 a.m. to ----------------- 6:00 p.m. and on Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of Premises Rentable Area and an electrical load not exceeding 3.0 xxxxx per square foot of Premises Rentable Area. Landlord has advised Tenant that the Building heating needs are served by a gas-fired Hydrotherm boiler, with hot water fin-tube radiation, and ~~cold water for use in~~ that cooling needs are served by three XxXxxx variable rooftop units, which supply VAV boxes serving the ~~Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have~~ Premises. Landlord reserves the right to ~~receive HVAC service during hours other than~~ modify the Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord system from time to time, provided that the service to the Premises, as hereinabove stated, is not diminished. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect (which shall be computed using Landlord's actual cost plus a reasonable administrative charge). Landlord and Tenant acknowledge that, as part of Tenant's initial improvements in the Premises, Tenant is installing, at its cost, a Liebert cooling system to provide supplemental cooling in Tenant's computer room, which system shall constitute a part of Tenant's Removable Property as described on Exhibit F. Tenant shall be solely responsible for the repair and maintenance of such system and equipment, and the cost of electricity therefor shall be paid by Tenant in accordance with a separate check meter to be installed therefor. Without limiting the foregoing, in the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. (b) Landlord shall also provide: (i) Passenger elevator service from the existing passenger elevator system in common with Landlord and other tenants in the Building. (ii) Warm water for lavatory purposes and cold water (at temperatures supplied by the city in which the Property is located) for drinking, lavatory and toilet purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes, Landlord may assess a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant's water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (iii) Cleaning and janitorial services to the Premises, provided the same are kept in order by Tenant, substantially in accordance with the cleaning standards from time to time in effect for the Building. (iv) Free access to the Premises on Business Days from 8:00 a.m. to 6:00 p.m., and at all other times subject to security precautions from time to time in effect, and subject always to restrictions based on emergency conditions. (c) Landlord or Agent may from time to time, but shall not be obligated to, provide one or more uniformed attendants in or about the lobby of the Building. Unless Landlord expressly agrees otherwise in writing, such attendant(s) shall serve functions such as assisting visitors and invitees of tenants and others in the Building, monitoring fire control and alarm equipment, and summoning emergency services to the Building as and when needed. Tenant expressly acknowledges and agrees that: (i) such attendants shall not serve as police officers, and will be unarmed, and will not be trained in situations involving potentially physical confrontation; and (ii) if ~~Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line~~provided, such ~~permission shall~~ attendants will be ~~conditioned upon Landlord having adequate excess capacity from time~~ provided solely as an amenity to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to tenants of the Building for ~~Tenant~~ the sole purposes set forth above, and ~~its employees 24 hours per day/7 days per week~~not for the purpose of securing any individual tenant premises or guaranteeing the physical safety of Tenant's Premises or of Tenant's employees, ~~subject~~ agents, contractors or invitees. If and to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject extent that Tenant desires to ~~Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate~~ provide security for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowPremises or for such persons or their property, Tenant shall ~~pay~~ be responsible for so doing, after having first consulted with Landlord and after obtaining Landlord's consent, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, which shall not be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunderunreasonably withheld. Landlord ~~shall have~~ expressly disclaims any and all responsibility and/or liability for the ~~right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases~~ physical safety of Tenant's property, and for that of Tenant's employees, agents, contractors and invitees, and, without in any way limiting the ~~cost~~ operation of ~~electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord~~Article X hereof, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for ~~the cost~~ itself and its agents, contractors, invitees and employees, hereby expressly waives any claim, action, cause of ~~purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish,~~ action or ~~any interruption, diminishment~~ other right which may accrue or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely arise as a result of ~~the failure of~~ any ~~Essential Service (as defined below) due to Landlord’s negligence~~ damage or ~~willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion~~ injury to the ~~portion~~ person or property of ~~the Premises rendered Untenantable until the date on which~~ Tenant or any such ~~Untenantability is cured~~agent, ~~provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which~~ invitee, contractor or employee. Tenant ~~delivers written notice to~~ agrees that, as between Landlord ~~of the interruption~~ and ~~an opportunity~~Tenant, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is ~~otherwise entitled hereunder due~~ Tenant's responsibility to ~~the number of calendar months remaining in the term~~advise its employees, ~~the monthly cap may be increased proportionately~~ agents, contractors and invitees as to ~~the extent~~ necessary ~~to avoid such result~~and appropriate safety precautions.

Appears in 1 contract

Samples: Lease (Peritus Software Services Inc)

Building Services. ~~7.01~~ As long as Tenant is not in default under this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service for passengers on a twenty-four (24) hour basis and ~~cold water for use~~ freight elevator service during Business Hours. Such normal elevator service, passenger or freight, if furnished at other times shall be optional with Landlord and shall never be deemed a continuing obligation. Furniture, freight and other large or heavy articles may be brought into the Building only at times and in the ~~Base Building lavatories~~ manner designated by Landlord and ~~drinking purposes~~always at Tenant's sole responsibility. Such objects shall be taken to or from the Premises by the freight elevator and Tenant shall pay for freight elevator service at rates established by the Landlord. The Landlord, however, shall provide limited passenger elevator service daily at all times such normal passenger service is not furnished. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's judgment, are required for the comfortable use and occupancy of the Premises; ~~(b) customary heat and~~ provided, however, that if Tenant shall require heating, ventilation or air conditioning in ~~season during Building Service Hours (~~excess of that which Landlord shall be required to provide hereunder, ~~although (i) Tenant~~ Landlord may provide such additional heating, ventilation or air conditioning at such rates and upon such additional conditions as shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change be determined by Landlord from time to time. (C) At all reasonable times, electric current as required for building standard lighting and fractional horsepower office machines; provided, however, that: (i) without Landlord's consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect any supplemental HVAC units~~ other tenants, Landlord may refuse to grant its consent and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building~~’s condenser water loop or chilled water line~~, ~~such permission shall~~ Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord ~~having adequate excess capacity from time~~ to ~~time~~ install and ~~such connection and use shall~~ operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be ~~subject to Landlord’s reasonable approval and reasonable restrictions imposed~~ provided by Landlord, including but not limited to the cost of modifications to the air conditioning system. Tenant shall pay Landlord monthly for all electric current provided in connection with the Premises, as additional rent, the then prevailing rates (the General Services Commercial Rate or any successor rate) (and at the prevailing terms and classification which would be charged by the supplying public utility to Tenant for such electric current used), according to a meter installed by the Landlord at Tenant's expense measuring the supply. Without being liable to Tenant therefor or abating or lessening any of Tenant's obligations hereunder, Landlord may discontinue the furnishing of electric current upon giving Tenant thirty (30) days' written notice of Landlord's intention so to do and Tenant shall thereupon have the right to make an individual contract with the public utility servicing the Building, for the furnishing of electric current at Tenant's expense, and shall have the right to ~~charge~~ use Landlord's wires and conduits then serving the Premises, if necessary, and to the extent then available, suitable, and safely capable therefor. Landlord shall not be liable for the failure of any supply in the electric current not arising from Landlord's negligence. Tenant shall purchase from Landlord all light bulbs, fluorescent tubes, ballasts, or starters used in the Premises. Rigid conduit only will be allowed. Landlord shall not, in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Any riser or risers (and all other equipment proper or necessary in connection therewith) required after the commencement of the Lease Term to supply Tenant's electrical requirement will, upon Tenant's written request (and at its sole expense as additional rent), be installed by Landlord if, in Landlord's sole judgment, the same is necessary and will not cause permanent damage or injury to or adversely affect the appearance of the Building or Premises or create a ~~connection fee and/or a monthly usage fee~~dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, or expense or interfere with or disturb other tenants or occupants. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If any tax be imposed upon Landlord's receipts from the sale or resale of electrical energy or gas or telephone service to Tenant by any governmental authority, Tenant covenants that, where permitted by law, Tenant's pro rata share of such taxes shall be paid by Tenant to Landlord. If sub-metering of electricity in the Building will not be permitted under future laws or regulations, the Base Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. (D) Water for drinking and rest room purposes. (E) Reasonable janitorial and cleaning services substantially as set forth on Exhibit "C" attached to this Lease, provided that the Premises are used exclusively for office purposes and are kept reasonably ~~determined~~ in order by Tenant. If the Premises are not used exclusively as offices, or if the Tenant elects and Landlord consents, the Premises shall be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; ~~(c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity~~ and, in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 belowall events, Tenant shall pay ~~Landlord, or such other party designated by Landlord,~~ to Landlord the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost removal of Tenant~~’s electrical usage~~'s refuse and rubbish, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent ~~necessary~~ that the same exceeds the refuse and rubbish attendant to ~~avoid such result~~normal office usage. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 8.01 shall be payable upon demand by Landlord and shall constitute additional rent.

Appears in 1 contract

Samples: Office Lease (Echo Therapeutics, Inc.)

Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) ~~hot and cold~~ water for use in the Base Building lavatories and ~~drinking purposes~~plumbing fixtures located within the Premises as of the date of this Lease; (b) customary heat and air conditioning in season during Building Service ~~Hours (~~Hours, although (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by ~~Landlord (~~Landlord~~’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time)~~, and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) ~~unattended~~ elevator service, non-exclusive use of the common loading dock(s) of the Building, and exclusive use of the loading dock on the north side of the ground floor of the Building created by Landlord as part of Landlord’s Work pursuant to the Work Letter which Tenant can use 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building and the Premises for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) ~~subject to Section 26.10,~~ such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the reasonable cost of providing such ~~service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder~~service. 7.02 ~~Electricity used by Tenant in~~ The electric current supplied to the Premises ~~shall,~~ (other than electricity utilized to furnish base Building HVAC service to the Premises) shall be measured by one or more submeters installed and maintained by Landlord at Landlord’s ~~option~~cost and expense (which cost and expense shall be included in Expenses under Section 2.01 of Exhibit B); provided, ~~be paid for~~ however, that any submeter installed to measure electrical consumption of any supplemental HVAC equipment or other supplemental equipment installed by Tenant ~~by a separate~~shall be installed and maintained at Tenant’s sole cost and expense. Within thirty (30) days after Landlord’s demand from time to time, ~~flat-rate charge (except~~ Tenant shall pay Landlord the ~~same may be increased as hereinafter provided in this Section 7.02) payable by Tenant~~ cost of all electric current supplied to ~~Landlord monthly with Rent, initially estimated~~ the Premises (at the average electrical rate ~~of $1.50~~ per ~~rentable square foot of~~ kilowatt hour paid by Landlord to the ~~Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum~~utility company), ~~payable~~ as ~~Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase~~ measured by such ~~monthly flat-rate amount payable by Tenant hereunder based on actual increases in~~ submeters, other than the cost of electricity ~~(and/or~~ utilized to furnish base Building HVAC service to the ~~generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord~~Premises. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed ~~the Building standard usage of six~~ five (65) xxxxx demand load per rentable square ~~foot~~foot of the Premises. Landlord shall install the submeters required of it pursuant to the foregoing for each Increment prior to the respective Rent Commencement Date of such Increment. Pending Landlord’s installation of submeters as aforesaid, ~~as reasonably determined by Landlord, based upon the Building standard electrical design load.~~ Landlord shall have the right to measure Tenant’s electrical usage by other commonly accepted methods, including ~~the installation of measuring devices such as submeters and~~ check meters~~. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage~~, ~~on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building,~~ and Tenant shall pay Landlord ~~Additional Rent~~ for electricity furnished to the ~~cost of such excess electrical usage and, if applicable, for~~ Premises on the ~~cost of purchasing and installing the measuring device(s)~~basis thereof. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined ~~in Section 26.03~~below) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. ~~Notwithstanding the foregoing~~However, if ~~all~~ the Premises, or ~~any~~ a material portion of the ~~Premises is rendered Untenantable (as defined below) solely~~ Premises, are made unusable for the reasonable operation of Tenant’s business for a period in excess of 5 consecutive Business Days as a result of a Service Failure that is reasonably within the ~~failure~~ control of Landlord to correct, and provided that such Service Failure is not caused by Tenant or any ~~Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and~~ Tenant ~~does not use or occupy the same during said period~~Related Parties, then Tenant~~’s obligation pay Base Rent and Additional Rent hereunder~~ , as its sole remedy, shall be ~~abated in proportion~~ entitled to receive an abatement of Rent payable hereunder during the ~~portion~~ period beginning on the 6th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered ~~Untenantable until~~ unusable for the ~~date on which such Untenantability is cured~~reasonable operation of Tenant’s business by the Service Failure, ~~provided that such~~ the amount of abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure samebe equitably prorated. ~~The rate at which Base Rent or Additional Rent may be abated under this Section 7.03~~ As used in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, ~~subject to such monthly cap. In~~ “Force Majeure” means strikes, lockouts, labor disputes, acts of God, fire, earthquake, flood or other casualty, shortages of labor or materials, war, terrorist acts, pandemics, civil disturbances and other causes (other than financial inability) beyond the ~~event that~~ reasonable control of the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultperforming party.

Appears in 1 contract

Samples: Office Lease Agreement (Zulily, Inc.)

Appears in 1 contract

Samples: Office Lease Agreement (Digital Music Group, Inc.)

Building Services. ~~7.01~~ As long as Tenant is not in monetary default under this Lease, Landlord ~~shall~~ agrees to furnish ~~Tenant with~~ or cause to be furnished to the Premises the following utilities and services: , subject to the conditions and standards set forth herein: (aA) ~~hot~~ Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and ~~cold water~~ other tenants and occupants and their agents and invitees. (B) During Business Hours, as defined in Section 1.11 of this Lease, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use in and occupancy of the ~~Base Building lavatories and drinking purposes; (b) customary heat and~~ Premises. Landlord may make available to Tenant heating, ventilation or air conditioning in ~~season~~ excess of that which Landlord shall be required to provide hereunder. If Tenant needs HVAC during ~~Building Service Hours~~ non-Business Hours, Tenant shall provide no less than forty-eight (48) hours’ prior notice to Landlord and pay as additional rent the cost of after-hour HVAC at the Building’s prevailing rates, ~~although~~ subject to change. Said Landlord’s fee for any such additional HVAC provided to Tenant, will be separate from and in addition to the Tax and Operating Expenses Adjustment provided in Article IV. (see Addendum 1) (C) Water for rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current of not less than 3.5 wxxxx per square foot for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord’s consent, Tenant shall ~~have~~ not install, or permit the ~~right~~ installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord provide hereunder (~~Landlord’s current charge for afterhours HVAC is $60 per hour~~provided, ~~subject to change by Landlord from time to time~~however, that the foregoing shall not preclude the use of personal computers or similar office equipment)~~, and~~ ; (ii) if Tenant ~~is permitted~~ shall require electric current which may disrupt the provision of electrical service to ~~connect~~ other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any ~~supplemental HVAC units~~ additional facilities required to furnish such excess power to the ~~Building’s condenser water loop or chilled water line~~Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which ~~are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below,~~ latter event Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such ~~excess electrical usage and, if applicable, for~~ meter(s) and the cost of ~~purchasing~~ installation, maintenance and ~~installing~~ repair thereof, as well as for all excess electric current consumed at the ~~measuring device(s). 7.03~~ rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s ~~failure~~ consent may be conditioned upon Tenant’s requirement to ~~furnish~~pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, ~~or any interruption, diminishment or termination of services due~~ including but not limited to the ~~application~~ cost of ~~Laws~~modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the ~~failure of any equipment,~~ Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the ~~performance of maintenance, repairs, improvements or alterations, utility interruptions or~~ cost to Landlord for furnishing electricity to Tenant in the ~~occurrence of an event of Force Majeure (defined in~~ Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder 7.01 shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement~~ payable upon demand by Landlord and shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent necessary to avoid such resultconstitute additional rent.

Appears in 1 contract

Samples: Office Lease (Derycz Scientific Inc)

Building Services. ~~7.01 Landlord shall furnish Tenant with the following services:~~ (a) ~~hot~~ Landlord shall also provide: (i) Cold water (at temperatures supplied by the Town of Xxxxxxx) for drinking, lavatory and ~~cold~~ toilet purposes. If Tenant uses water for ~~use in the Base Building lavatories~~ any purpose other than for ordinary lavatory and drinking purposes~~; (b) customary heat~~ , Landlord may assess a reasonable charge for the additional water so used, or install a water meter and ~~air conditioning in season during Building Service Hours (~~thereby measure Tenant’s water consumption for all purposes. In the latter event, ~~although (i)~~ Tenant shall ~~have~~ pay the ~~right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service~~ cost of the meter and ~~providing such prior notice as is reasonably specified~~ the cost of installation thereof including, without limitation, any related charges incurred by Landlord in connection with providing and installing the same. Tenant, at Tenant’s sole cost and expense, shall keep such meter and related equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (~~Landlord’s current charge for afterhours HVAC is $60~~ ii) Access to the Premises twenty-four (24) hours per ~~hour~~day, three hundred sixty five (365) days per year, subject to ~~change by Landlord from time to time),~~ reasonable security restrictions and restrictions based on emergency conditions and all other applicable provisions of this Lease. (iiiii) ~~if Tenant is permitted to connect any supplemental HVAC units~~ Cleaning Services described in Exhibit F as and to the ~~Building’s condenser water loop~~ extent required by Exhibit F. (iv) On Business Days generally from 8:00 a.m. to 6:00 p.m. (except on Saturdays only generally from 9:00 a.m. to 1:00 p.m.) furnish heating and cooling as normal seasonal temperatures may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of usable floor area. If Tenant requires heating or ~~chilled water line~~cooling before or after the hours specified herein or on days which are not Business Days, ~~such permission~~ it shall ~~be conditioned upon~~ coordinate the same at least one (1) Business Day in advance with the Building Manager and shall pay to Landlord ~~having adequate excess capacity~~ within ten (10) days after being billed therefor the charge therefor in effect from time to time ~~and~~ as determined by Landlord. Initially, such ~~connection and use~~ charge shall be ~~subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and~~ $25.00 per hour but Landlord shall have the right to increase such hourly charge ~~Tenant a connection fee and/or a monthly usage fee,~~ from time to time as Landlord may require to reflect Landlord’s cost thereof as reasonably determined by Landlord~~; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity~~ ). If Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building System, or in ~~accordance~~ any other way interferes with the ~~terms and conditions in Section 7.02; (f) access~~ systems ability to perform adequately its proper functions, or which affects the ~~Building for Tenant and its employees 24 hours per day/7 days per week~~temperature otherwise maintained by the air conditioning system of the Building, ~~subject to the terms of this Lease and such protective services or monitoring systems~~supplementary systems may, if ~~any,~~ and as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Premises shallneeded, at Landlord’s option, be ~~paid for~~ provided by Landlord at Tenant’s expense. Tenant ~~by a separate~~acknowledges that Landlord’s Work includes the supplemental rooftop HVAC system as more particularly described in Exhibit B hereto under the heading “Supplemental HVAC System For Computer Room” (the “Supplemental HVAC System” which term includes all equipment, ~~flat-rate charge (except~~ duct work, wiring, controls, pipes, conduits and connections described in Exhibit B hereto under the ~~same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent~~heading “Supplemental HVAC System For Computer Room”, ~~initially estimated (at the rate of $1.50 per rentable square foot~~ but such term does not include any part of the ~~Premises~~base Building HVAC Equipment) to serve Tenant’s computer room (as such computer room is shown on Exhibit B hereto). Although the Supplemental HVAC System is included within Landlord’s Work, Tenant acknowledges and agrees that Tenant shall be solely responsible for the repair, maintenance and (as needed from time to time) replacement of the Supplemental HVAC System, in ~~the amount of $1,633.25 per month ($19,599.00 per annum)~~each case, ~~payable as Additional Rent hereunder.~~ at Tenant’s sole cost and expense and that Landlord shall have no obligation or liability to Tenant for any failure of the ~~right from time~~ Supplemental HVAC System to ~~time~~ operate as designed or to ~~reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases~~ provide adequate cooling, ventilation or other service to Tenant’s server room and administrative work room or elsewhere in the ~~cost~~ Premises, it being understood and agreed that Tenant shall have no claim of ~~electricity (and/or~~ any kind or nature against Landlord on account of any defect in, or failure of, the ~~generation thereof)~~ Supplemental HVAC System to ~~Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord,~~ meet Tenant’s ~~use~~ requirements or needs nor for any interruption in services related thereto. Landlord agrees that it shall provide Tenant the benefit of ~~electrical service~~ all warranties and claims which Landlord may have against third parties on account of the Supplemental HVAC System, all at Tenant’s sole cost and expense. Tenant shall ~~not exceed~~ remove the Supplemental HVAC System from the Building ~~standard usage~~ upon expiration or earlier termination of ~~six (6) xxxxx per square foot~~the Lease and, ~~as reasonably determined by Landlord~~in such case, ~~based upon~~ Tenant shall repair any damage to the Building ~~standard electrical design load.~~ and/or Property caused by such removal and comply with all applicable laws related to the transfer and disposal of such Supplemental HVAC System except that if this Lease is terminated as a result of a default by Tenant, then Landlord shall have the right to ~~measure electrical usage by commonly accepted methods~~retain the Supplemental HVAC System and, ~~including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity~~ in such ~~quantities or during such periods as~~ case, title to ~~cause~~ the ~~total cost~~ Supplemental HVAC System shall automatically vest in the Landlord and Tenant shall have no right to remove the same. (v) Passenger elevator service twenty-four (24) hours per day, three hundred sixty five (365) days per year. (vi) Twenty-four (24) hour lobby security service, 365 days per year through the presence of a security attendant in the lobby. (vii) One (1) Building standard sign strip for the Tenant on the lobby directory at Landlord’s expense and a Building standard sign on the main entry doors to the Premises at Tenant’s expense. (b) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical ~~usage~~current, ~~on a monthly~~cleaning, ~~per-rentable-square-foot basis~~and other services, and to ~~materially exceed that which Landlord reasonably deems~~ curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to ~~be standard for~~ the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or without thereby incurring any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable liability to Tenant, ~~constitute~~ when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord desirable or necessary, or when prevented from supplying such services or use by strikes, lockouts, difficulty in obtaining materials, accidents or any other cause beyond Landlord’s control, or by laws, orders or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a ~~constructive~~ result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Failure or omission on the part of Landlord to furnish any of the foregoing services or use shall not be construed as an eviction of Tenant, ~~give rise~~ actual or constructive, nor entitle Tenant to an abatement of ~~Rent~~rent, nor ~~relieve~~ to render the Landlord liable in damages, nor release Tenant from ~~the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure~~ prompt fulfillment of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due its covenants under this Lease~~, subject~~ . (c) In no event shall Landlord be required to ~~such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of~~ provide any ~~portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining~~ cafeteria or food service operation in the ~~term, the monthly cap may be increased proportionately to the extent necessary to avoid such result~~Building.

Appears in 1 contract

Samples: Sublease (Salary. Com, Inc.)

Appears in 1 contract

Samples: Office Lease Agreement (Audiocodes LTD)

Appears in 1 contract

Samples: Office Lease Agreement (Neurobiological Technologies Inc /Ca/)

Building Services. ~~7.01~~ Landlord shall ~~furnish Tenant with~~ perform and provide, in a manner befitting a first-class office building, the following ~~services:~~ services and facilities: (a) ~~hot~~ Heating and related ventilation shall be provided Monday through Friday, from 8:00 a.m. to 8:00 p.m., and on Saturday from 8:00 a.m. to 12:00 noon (other than Legal Holidays), which Landlord represents are the same hours that such service is provided to all other tenants in the Building. Throughout the term of the Lease, the Premises will be maintained with a heating and related ventilation system which will be activated from time to time so that the temperature in the Premises does not fall below 65 degrees F. Air conditioning and related ventilation through the Building's air conditioning systems shall be provided Monday through Friday, from 8:00 a.m. to 5:00 p.m., and on Saturday from 8:00 a.m. to 12:00 noon (other than Legal Holidays). Air conditioning service will be provided outside said hours upon the request of Tenant and at its expense, provided the request therefor is made no later than at least twenty-four (24) hours in advance for Saturday, Sunday and holiday service. Tenant agrees to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the Building's HVAC systems. (b) Maintenance service for the public toilet rooms in the Building and all toilet rooms in the Premises. (c) Maintenance of standard hardware installed in the Premises by Landlord. (d) Cleaning of outside and inside of exterior window panes. (e) Cleaning and maintenance of common areas in the building, as well as all parking areas made available to Tenant under paragraph 7. (f) Continuous elevator service during the time periods set forth in subparagraph II(a) hereof, and service via at least one (1) elevator car at all other times. (g) Janitorial service as described on Exhibit "D" attached hereto; provided, however, no janitorial service shall be provided Saturdays, Sundays or Legal Holidays. (h) Hot and cold water for ~~use in~~ lavatory, drinking and cafeteria purposes. If Tenant requires water for any additional purposes, Tenant shall pay the ~~Base Building lavatories~~ cost thereof as shown on a meter which shall be installed and ~~drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although~~ maintained at Tenant's expense to measure such consumption. (i) Electrical service, although Landlord shall not be liable for the failure of any supply of electricity not arising from Landlord's negligence. Landlord reserves the right, without abatement or diminution in Rent (except to the extent that Tenant ~~shall have~~ may be deprived of the ~~right~~ use of the Premises due to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to timerisks included in available rental insurance), and without any liability to Tenant as a result thereof, to suspend, delay or discontinue furnishing any of the services to be provided by Landlord under this Lease whenever necessary by reason of fire, storm, flood, explosion, strike, lockout, labor dispute, casualty or accident, lack or failure of sources of supply of labor or fuel (~~ii) if Tenant is permitted~~ or inability in the exercise of reasonable diligence to ~~connect~~ obtain any ~~supplemental HVAC units to~~ required fuel), acts of God or the ~~Building’s condenser water loop~~ public enemy, riots, interference by civil or ~~chilled water line~~military authorities, ~~such permission shall be conditioned upon~~ compliance with the laws of the United States of America or with the laws, orders or regulations of any governmental authority, or by reason of any other cause or emergency beyond Landlord's control or at the request of Tenant. Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have also reserves the right temporarily to ~~charge Tenant a connection fee and/or a monthly usage fee~~suspend, ~~as reasonably determined~~ delay or discontinue furnishing any of the services to be provided by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, ~~including,~~ without ~~limitation, any repairs which are Tenant’s responsibility pursuant~~ abatement or diminution in Rent (except to ~~Section 9 below,~~ the extent that Tenant ~~shall pay Landlord, or such other party designated by Landlord,~~ may be deprived of the ~~cost~~ use of ~~providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in~~ the Premises ~~shall, at Landlord’s option, be paid for by~~ due to risks included in available rental insurance) and without any liability to Tenant by as a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), payable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation result thereof) to Landlord in connection with the Property with no xxxx up by Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage of six (6) xxxxx per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for ~~the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish~~such inspections, ~~or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance~~cleaning, repairs, replacements, alterations, improvements or ~~alterations~~renewals as may, ~~utility interruptions~~ in Landlord's reasonable judgment, be desirable or ~~the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable~~ necessary to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Notwithstanding the foregoing, if all or any portion of the Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be ~~abated in proportion to the portion of the Premises rendered Untenantable until the date on which such Untenantability is cured,~~ made; provided that such ~~abatement~~ services shall ~~not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity~~not, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (25%) of the Base Rent payable for such calendar month, provided that any amount not permitted to be taken as an abatement as a result of such monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in the term, the monthly cap may be increased proportionately to the extent ~~necessary to avoid~~ reasonably feasible, be suspended for such ~~result~~purposes during Tenant's normal business hours.

Appears in 1 contract

Samples: Lease Agreement (Hk Systems Inc)

Appears in 1 contract

Samples: Office Lease Agreement (Autonomy Corp PLC)

Common use of Building Services Clause in Contracts