Cleaning. 23.01 Landlord shall cause the Premises to be kept clean in accordance with Landlord’s customary standards for the Building as set forth on the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof. 23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consent.
Appears in 2 contracts
Samples: Lease Agreement (Schrodinger, Inc.), Lease Agreement (Schrodinger, Inc.)
Cleaning. 23.01 (a) Tenant, at its sole cost and expense, shall be solely liable and responsible for cleaning the demised premises. Tenant covenants and agrees to use only the third-party contractors designated by Landlord shall cause the Premises to be kept clean provide cleaning services in accordance with Landlord’s customary standards for the Building as set forth on of which the specifications annexed hereto and made demised premises form a part hereof as Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning or contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed contractors selected by Tenant within the Premises and reasonably approved in advance by Landlord for any other waxing, polishing, polishing and other cleaning and maintenance work of the Premises demised premises and of Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of servicepersonal property therein. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant covenants and agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, purposes without Landlord’s prior written consent; provided.
(b) Tenant, howeverat its sole cost and expense, that shall remove or cause to be removed from the demised premises and the Building, in a manner acceptable to the Landlord, all of its trash, refuse and rubbish. Should Tenant my use fail to pay the cost of such removal, Landlord may pay such cost and charge the same to Tenant, the amount thereof to be paid as Additional Rent on the first day of the month following Landlord’s billing thereof to Tenant. Such removal of the trash, refuse and rubbish shall also be subject to such reasonable rules and regulations as established by the Landlord from time to time, provided Tenant is provided with advance written notice of such rules and regulations and they are not enforced against Tenant in a discriminatory manner.
(c) Landlord shall cause the windows in the demised premises to be cleaned, and shall charge Tenant its employees then current Building standard charge for such purposescleaning, which charge shall be payable as Additional Rent. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average As of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitationdate hereof, Landlord’s experience Building standard charge for window cleaning is $20.00 per window. Tenant shall not hire, rent, do or permit to be done any window cleaning in, on or about the demised premises. Landlord shall cause all common areas of the Building (including the lobby) to be kept neat and clean in accordance with the standards for comparable buildings located in the mid-Manhattan market.
(d) Tenant shall be liable for any tax imposed by any governmental authority with respect to cleaning services in the demised premises. Tenant shall pay to Landlord, as Additional Rent, such contractor or any criminal proceedings pending or previously filed against taxes within thirty (30) days of billing thereof and a receipt from the taxing authority evidencing such contractor may form a basis upon which Landlord may withhold or withdraw its consentpayment obligation.
Appears in 2 contracts
Samples: Loft Lease (Integral Ad Science Holding LLC), Lease Agreement (Integral Ad Science Holding LLC)
Cleaning. 23.01 Landlord A. During the Term, Owner, at no additional charge to Tenant, shall cause provide janitorial and cleaning services to the Premises to be kept clean Office Space substantially in accordance with Landlord’s customary standards for the Building as Cleaning Specifications set forth on the specifications in Exhibit B annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenanthereof. Landlord, its Owner shall not be required to provide janitorial or cleaning contractor and their employees shall have after-hours access services to the Premises and Basement Space.
B. Owner reserves the use right to charge Tenant for the cost of removal of any of Tenant’s lightrefuse and rubbish in excess of that typically resulting from ordinary office use (including, power and water but not limited to, wooden or metal packaging materials) from the Building.
C. If Owner permits Tenant to store, prepare, serve or consume food or beverages in the Demised Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove other than in ordinary pantry use, Tenant, at Tenant’s extraordinary refuse from expense, shall cause all portions of the Building Demised Premises used for such storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Owner, and Tenant to be exterminated against infestation by vermin, roaches or rodents regularly and, in addition, whenever there shall pay be evidence of any infestation. Any cleaning of the cost thereofDemised Premises by Tenant, whether required by Owner or otherwise, shall be by Tenant’s own employees or by a contractor approved by Owner (not to be unreasonably withheld) in writing, and shall be at Tenant’s expense without any credit against Fixed Annual Rent or Additional Rent or contribution by Owner.
23.02 D. Tenant acknowledges and is aware that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all any cleaning services required under the Lease to be performed furnished by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable Owner pursuant to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building this Lease may be furnished by a division contractor or affiliate of Landlord. Tenant contractors employed by Owner and agrees that it Owner shall not employ be deemed in default of any other cleaning and maintenance contractor, nor any individual, firm or organization of its obligations under this Article 57 unless such default shall continue for an unreasonable period of time after notice from Tenant to Owner setting forth the specific nature of such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentdefault.
Appears in 1 contract
Samples: Office Lease (Atari Inc)
Cleaning. 23.01 Landlord A. As long as this Lease is in full force and effect, and provided Tenant shall keep the Demised Premises in order, Owner, at Owner's expense, shall cause the office areas of the Demised Premises to be kept clean cleaned and shall cause Tenant's ordinary office waste paper refuse to be removed, all at regular intervals in accordance with Landlord’s customary standards for the Building as set forth on the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order practices adopted by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor Owner for the Building. Tenant agrees shall cooperate with any waste and garbage recycling program of the Building and shall comply with all reasonable rules and regulations of Owner with respect thereto. Tenant acknowledges that Owner's obligation to employ said cleaning contractor cause the office areas of the Demised Premises to be cleaned excludes any portion of the Demised Premises not used as office areas (e.g., storage, mail and computer areas, private lavatories and areas used for the storage, preparation, service or consumption of food or beverages). Tenant shall pay Owner at Building standard rates or, if there are no such rates, at reasonable rates, for the removal of any of Tenant's refuse or rubbish, other contractor as Landlord than ordinary office waste paper refuse, from the Building, and Tenant, at Tenant's expense, shall from time cause all portions of the Demised Premises used for the storage, preparation, service or consumption of food or beverages to time designate (be cleaned daily in a manner satisfactory to Owner, and to be exterminated against infestation by vermin, roaches or rodents regularly and, in addition, whenever there shall be evidence of any infestation.
B. Tenant acknowledges and is aware that the “Building Cleaning Contractor”) to perform all cleaning services required to be furnished by Owner pursuant to this Section may be furnished by a contractor or contractors employed by Owner and agrees that Owner shall not be deemed in default of any of its obligations under this Section 29.04 unless such default shall continue for an unreasonable period of time after notice from Tenant to Owner setting forth the Lease specific nature of such default.
C. Notwithstanding the provisions of Subsection A of this Section, Tenant shall have the option to contract independently for the removal of such other refuse and rubbish and for office cleaning services in addition to those furnished by Owner. In the event Tenant exercises such option, the removal of such other refuse and rubbish and the furnishing of office cleaning services to Tenant by persons other than Owner and its contractors shall be performed in accordance with such regulations and requirements as, in Owner's judgment, are necessary for the proper operation of the Building, and Tenant agrees that Tenant will not permit any person to enter the Demised Premises or the Building for such purposes, or for the purpose of providing extermination services required to be performed by Tenant within the Premises and for any pursuant to Subsection A of this Section, other waxingthan persons first approved by Owner, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall approval not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentbe withheld.
Appears in 1 contract
Samples: Lease Agreement (Bion Environmental Technologies Inc)
Cleaning. 23.01 Landlord (A) Provided Tenant shall keep the Premises in order, Landlord, at Landlord's expense (but subject to recoupment pursuant to Article 2 hereof), shall cause the Premises Premises, excluding any portions thereof used for the storage, preparation, service or consumption of food or beverages other than coffee, tea or vending machine snacks ("Tenant's Kitchenette Area"), to be kept clean cleaned, substantially in accordance with Landlord’s customary the standards for the Building as set forth on the specifications annexed in Section A of Exhibit "C" attached hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenanthereof. Tenant shall pay to Landlord, its cleaning contractor promptly after Landlord's request, the cost of removal of refuse and their employees shall have after-hours access rubbish from the Premises to the Premises extent that such refuse and rubbish exceeds the amount thereof usually attendant to the use of Tenant’s light, power and water in the Premises as may be reasonably required offices. Tenant, at Tenant's sole cost and expense, shall cause all portions of the Premises used for the purpose storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be exterminated against infestation by vermin, rodents or roaches regularly in a manner reasonably satisfactory to Landlord, and by Persons reasonably approved by Landlord. If Tenant performs any cleaning services in addition to the Premisesservices provided by Landlord as aforesaid, then Tenant shall employ the cleaning contractor providing cleaning services to the Building on behalf of Landlord, provided that such cleaning contractor's rates are commercially reasonable. Tenant shall comply with any recycling program and/or refuse disposal program (including, without limitation, any program related to the recycling, separation or other disposal of paper, glass or metals) which Landlord reasonably imposes or which is required pursuant to any Requirements.
(B) Landlord shall cause Tenant's Kitchenette Area, if any, to be cleaned, substantially in accordance with the standards set forth in Section B of Exhibit "C" attached hereto and made a part hereof. Tenant shall pay to Landlord as additional rent, for such services initially a flat rate of $50.00 per month (which rate shall be subject to commercially reasonable increase from time to time) ("Kitchenette Additional Rent"). Landlord shall render bills for Kitchenette Additional Rent at such time as Landlord may remove Tenant’s extraordinary refuse from the Building elect (but in no event more frequently than monthly), and Tenant shall pay the cost thereofamount shown thereon to Landlord within thirty (30) days after Landlord gives such xxxx(s) to Tenant.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as (C) Landlord shall from time to time designate (cause the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable power-washed prior to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentCommencement Date.
Appears in 1 contract
Cleaning. 23.01 Provided that Tenant shall keep the Premises in good order, Landlord shall cause the Premises Premises, including those interior hallways which are located within the Premises, to be kept clean cleaned in accordance with Landlord’s customary the standards for the Building as set forth on the specifications in Exhibit "C" annexed hereto and hereby made a part hereof as Exhibit D, provided they are kept in order by Tenanthereof. Landlord, its cleaning contractor and their employees shall have after-hours access Tenant agrees to the Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required reimburse Landlord for the purpose of costs incurred by Landlord in so cleaning the Premises, together with Landlord's administrative costs (not to exceed five percent (5%) of such cleaning costs) in regard thereto. Landlord may remove Tenant’s extraordinary refuse from the Building Such cleaning costs shall not exceed reasonable costs incurred for similar services provided to other Class A suburban office parks located in Monroe County. The cost of such services shall initially be $0.80 per square foot of Total Usable Area per year (including Landlord's administrative costs) and Tenant shall pay such costs in equal monthly installments at times for and together with the payments of Base Rent. The cost to Tenant shall be immediately increased by an amount equal to any increase in the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a of cleaning contractor for services with respect to the BuildingPremises billed to Landlord. Tenant agrees shall also pay to employ said cleaning contractor or such other contractor as Landlord, within 15 days of billing, the costs incurred by Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work in or of the Premises and in excess of that specified in Exhibit "C" as well as for any additional cleaning requested by Tenant’s furniture, fixtures and equipment (collectively, “Tenant . Cleaning Services”) services will be provided to the Premises on a seven-day/week basis provided that the prices charged extra services beyond those provided on a five-day/week basis shall be paid for by said contractor are comparable Tenant. If Landlord fails to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that provide the cleaning contractor for services set forth herein, Tenant shall notify the Building may be a division or affiliate of LandlordLandlord in writing and provide Landlord with thirty (30) days to cure such failures. If such failures have not been cured within such thirty (30) day time period, Tenant agrees that it shall thereafter have the right to hire, at Tenant's expense, its own cleaning service(s) and shall not employ any other have to pay Landlord for cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, of the Premises as set forth herein provided that before Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for hires such cleaning services are comparable service, Tenant must give Landlord another written notice of such failures and fifteen (15) days to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for cure such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentfailures.
Appears in 1 contract
Cleaning. 23.01 Landlord Landlord, at its expense, shall cause the Demised Premises to be kept clean cleaned in accordance with the cleaning specifications set forth in Landlord’s customary standards then current cleaning contract for the Building, a current copy of which is annexed hereto as Exhibit E. Tenant shall pay to Landlord on demand the costs (at Landlord’s standard rates) incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of any Tenant Party (as defined in Subsection 38.01(B), (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing or reproducing operations (beyond normal office reproducing use), trading areas, executive lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas (other than Building lavatories or toilets located in the Demised Premises as set forth in General Cleaning of Exhibit E or if Tenant replaces such Building lavatories/toilets set forth on Exhibit E with a different concept of restrooms, then Landlord’s obligation to clean such restrooms will continue provided such restroom concept constructed by Tenant are similar in size to the specifications annexed hereto Building standard lavatories and made a part hereof are in mutually agreeable locations as Exhibit Dthe Building standard lavatories), provided they are kept (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials, equipment, fixtures or finishes installed by Tenant or at its request, and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in order by Tenantthe routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have after-hours access to the Demised Premises and the free use of Tenant’s light, power and water in the Demised Premises as may be reasonably required for the purpose of cleaning the PremisesDemised Premises in accordance with Landlord's obligations hereunder. Landlord may remove Tenant’s extraordinary refuse from the Building and Additional cleaning required by Tenant shall pay be performed at Tenant's expense by the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor contractor, if any, for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consent.
Appears in 1 contract
Samples: Lease Agreement (Original Bark Co)
Cleaning. 23.01 Landlord (i) Dirt, litter and obstructions shall be collected and removed daily (seven days a week), and garbage, trash, and leaves, collected and removed by Licensee on a regular basis, as needed. Licensee shall be responsible for removal of all other materials, including construction debris and abandoned vessels. Licensee shall be responsible for disposal of garbage from Licensee’s Special Events. Dirt, litter, obstructions, garbage, trash and leaves shall be collected so as to maintain the Licensed Premises in a clean, neat and good condition. At no time may any garbage, trash and litter, including but not limited to construction debris generated at the Licensed Premises (excluding any construction debris resulting from the construction of approved Alterations and Capital Improvements which is removed in the ordinary course of construction), be stored on the Licensed Premises or placed within Parks containers without the express written approval of the Parks’ Manhattan Borough Commissioner. Licensee is prohibited from bringing any garbage, trash, litter and natural debris not generated at the Licensed Premises to the Licensed Premises for disposal.
(ii) All walkways, sidewalks and all pavements and facilities in the Licensed Premises including comfort stations, recreational facilities, docks, piers and boathouses, shall be routinely cleaned and maintained so as to keep such improvements and facilities in a clean, neat and good condition.
(iii) Graffiti shall be regularly painted over or removed, as appropriate to the nature of the surface, within forty-eight (48) hours of Licensee noticing or being informed of the presence of graffiti on the Licensed Premises.
(iv) Drains, sewers and catch basins on the Licensed Premises shall be cleaned regularly to prevent clogging.
(v) Branches and trees damaged or felled shall be promptly set aside for removal by the City.
(vi) Licensee shall remove or shall cause the removal of all boats, docks, vehicles or other property abandoned at the Licensed Premises to be kept clean in accordance connection with Landlord’s customary standards for its activities or any sublicensee or permittee. Licensee shall promptly notify Parks of any abandoned boats or vehicles at the Building as set forth on the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Licensed Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereofthat it becomes aware of.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord (vii) Licensee shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishingmaintain, and other cleaning and maintenance work of clean the restrooms at the Licensed Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged in a manner reasonably approved by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposesParks. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein providedaddition, then Landlord and Tenant Licensee shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union laborstock all necessary supplies, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree make any necessary repairs to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentrestrooms.
Appears in 1 contract
Samples: License Agreement
Cleaning. 23.01 Landlord shall cause (a) The Lessee must during the Term keep the Premises clean and tidy.
(b) The Lessor will engage a cleaning contractor to be kept carry out daily cleaning and rubbish and waste removal from the Premises and to periodically clean the interior windows of the Premises in accordance with Landlord’s customary standards for a thorough and professional manner and the Lessee will pay all costs and expenses incurred by or on behalf of the Lessor in such cleaning and removal of rubbish and waste from the Premises, payable monthly in arrears.
(c) The Lessor will engage a cleaning contractor to carry out cleaning and waste removal from the Common Areas and to periodically clean the exterior windows of the Building as set forth in a thorough and professional manner and the Lessee will pay the Lessee's Proportion of all such costs and expenses incurred by or on behalf of the specifications annexed hereto Lessor in such cleaning and made a part hereof as Exhibit Dremoval of rubbish and waste from the Common Areas payable monthly in arrears.
(d) The Lessor shall not be responsible to the Lessee for any loss of or damage to the property or effects of the Lessee occasioned by or contributed to by any supervisor or office cleaner or other persons contracted by or on behalf of the Lessor for cleaning, rubbish removal or related tasks provided they are kept in order that the Lessor shall, if requested by Tenant. Landlordthe Lessee, its cleaning contractor and their employees shall have after-hours refuse access to the Premises and to any office cleaner or other persons employed or engaged by on or behalf of the use Lessor for cleaning, rubbish removal or related tasks where the Lessee has reasonable cause to suspect such a person has or may have damaged, destroyed or stolen any item of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose Lessee or any of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereofits servants or agents.
23.02 Tenant acknowledges that Landlord has designated a (e) The cleaning contractor for appointed by the Building. Tenant agrees Lessor must comply with the reasonable security requirements of the Lessee notified to employ said the cleaning contractor or such other contractor as Landlord shall from time to time designate time.
(the “Building Cleaning Contractor”f) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that The Lessor must replace the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged appointed by the Building Cleaning Contractor for Lessor (subject to the Lessor having the right to terminate the contractor in such circumstances and subject to any applicable notice periods) if:
(i) there is a security breach which the Lessee has reasonable grounds to believe may have been due to the cleaning services are comparable contractor; or
(ii) the Lessee reasonably objects to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In work performed by the event that cleaning contractors and the Building Cleaning Contractor cleaning contractor does not agree improve its standard of work to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent a satisfactory level within a reasonable time of receipt by it of notice from the Lessor requiring it to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentdo so.
Appears in 1 contract
Cleaning. 23.01 (A) Subject to the terms of Article 10 hereof and this Section 4.4, Landlord shall cause the Premises to be kept clean cleaned substantially in accordance with Landlord’s customary the standards for the Building as set forth on the specifications annexed in Exhibit "4.4" attached hereto and made a part hereof as Exhibit Dhereof. Landlord shall not be required to clean the portions of the Premises (if any) (x) that Tenant uses for the storage, provided they are kept preparation, service or consumption of food or beverages, (y) in order by Tenantwhich Tenant is performing Alterations, or (z) in which the interior installation has been demolished in all material respects. Tenant shall pay to Landlord, its cleaning contractor as additional rent, the Out-of-Pocket Costs incurred by Landlord in removing from the Building any of Tenant's refuse and their employees shall have after-hours access rubbish to the extent exceeding the amount of refuse and rubbish usually generated by a tenant that uses the Premises for ordinary office purposes. Tenant shall make such payments to Landlord not later than the thirtieth (30th) day after the date that Landlord gives to Tenant an invoice therefor from time to time, together with reasonable supporting documentation for the charges set forth therein.
(B) Tenant, at Tenant's expense, shall exterminate the portions of the Premises that Tenant uses for the storage, preparation, service or consumption of food against infestation by insects and vermin regularly and, in addition, whenever there is evidence of infestation. Tenant shall engage Persons to perform such exterminating that are approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. Tenant shall cause such Persons to perform such exterminating in a manner that is reasonably satisfactory to Landlord.
(C) Tenant, at Tenant's expense, shall clean daily all portions of the use Premises used for the storage, preparation, service or consumption of Tenant’s lightfood or beverages. Tenant shall not have the right to perform any cleaning services (or any other similar facilities management services such as, power and water for example, matron services or handyman services) in the Premises as may be reasonably required for using any Person other than the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges contractor that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall engaged from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of for Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that (x) Landlord shall not have the right to require Tenant my to use its such cleaning contractor unless the rates that such cleaning contractor agrees to charge Tenant for such additional cleaning services are commercially reasonable, (y) subject to Section 4.10 hereof, Tenant shall have the right to use Tenant's own employees for such purposesadditional cleaning services and (z) subject to Section 4.10 hereof, if Tenant installs a retail café in the Premises (such as, for example, a coffee bar) for use solely by Tenant's personnel and guests in accordance with the terms of Article 7 hereof, then Tenant shall have the right to permit employees of any third party operating such café in accordance with Section 17.12 hereof to clean the area of the Premises constituting such café. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for If such cleaning services are comparable to those charged contractor engaged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to charge Tenant for such additional cleaning services (or such similar services) at commercially reasonable rates, then Tenant may employ to perform such additional cleaning services for Tenant at (or such average pricesimilar services) another cleaning contractor that Landlord approves, which approval Landlord shall not unreasonably withhold its consent to the performance of withhold, condition or delay.
(D) Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor shall comply with the proper jurisdictional qualifications; provided, however, thatany refuse disposal program (including, without limitation, Landlord’s experience with such contractor any waste recycling program) that Landlord imposes reasonably after having given Tenant reasonable advance notice of the effectiveness thereof or that is required by Requirements.
(E) Tenant shall not clean any criminal proceedings pending window in the Premises, nor require, permit, suffer or previously filed against such contractor may form a basis upon which Landlord may withhold allow any window in the Premises to be cleaned, in either case from the outside in violation of Section 202 of the New York Labor Law, any other Requirement, or withdraw its consentthe rules of the Board of Standards and Appeals, or of any other board or body having or asserting jurisdiction.
Appears in 1 contract
Samples: Lease (Clear Secure, Inc.)
Cleaning. 23.01 Landlord shall cause the Premises Premises, including the exterior and the interior of the Building’s exterior windows serving the Premises, to be kept clean cleaned in accordance with Landlord’s customary standards for the Building as set forth on the specifications annexed hereto provisions of Exhibit D attached to this Lease and made a part hereof as Exhibit Dhereof. Tenant, provided they are kept in order by Tenant. however, shall pay to Landlord, within thirty (30) days after demand, the actual out-of-pocket costs reasonably incurred by Landlord for (i) extra cleaning work in the Premises required because of carelessness, misuse or neglect on the part of Tenant or its cleaning contractor and subtenants or its or their employees shall have after-hours access to or visitors, and (ii) removal from the Premises and the use Building of Tenantany refuse and rubbish of Tenant in excess of that ordinarily accumulated in business office occupancy or at times other than Landlord’s lightstandard cleaning times. Landlord shall provide to Tenant a credit for the cost applicable at the Complex of standard office cleaning services for the laboratory areas which are not cleaned. Notwithstanding the foregoing, power and water in Landlord (i) shall not be required to clean any portions of the Premises as may used for laboratory purposes, and (ii) shall not be reasonably required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, data processing or reproducing operations, private lavatories or toilets or other special purposes to the extent such areas require greater or more difficult cleaning work than office areas. Also notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall be solely responsible for the purpose proper and legal disposal of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building all medical, laboratory, toxic and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the so-called “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishingred bag” waste, and other cleaning regulated substances and maintenance work of materials used in connection with Tenant’s laboratory use, if any, conducted at the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Lab Waste”). Landlord shall have no liability to any person or entity with respect to such Lab Waste. Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable shall comply with all Legal Requirements with respect to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan generation, storage, collection and disposal of Lab Waste. In addition, Tenant shall be required, at Tenant’s sole cost and expense, to contract with a licensed laboratory, medical and toxic waste removal company for the same level and quality disposal of serviceall Lab Waste. At Landlord’s request, made not more frequently than annually, Tenant shall provide Landlord with a copy of such contract. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division shall indemnify, defend and hold harmless Landlord from and against any and all damage, loss, liability, claims, actions or affiliate proceedings, including but not limited to reasonable attorney’s fees and any fines and/or penalties, arising out of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlordrelating to Tenant’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree failure to perform any obligation provided herein with respect to such cleaning services for Tenant at Lab Waste. Tenant’s obligations with respect to such average price, Landlord Lab Waste shall not unreasonably withhold its consent to survive the performance expiration or other termination of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Insmed Inc)
Cleaning. 23.01 Landlord The following shall cause be added to Section 7.6 of the Premises Original Lease: “Notwithstanding anything to the contrary contained in this Section 7.6, Tenant may, at Tenant’s expense, elect to hire additional day xxxxxx services to service areas only within the Leased Premises. Any such day xxxxxx services shall not be required to be kept clean in accordance with Landlord’s customary standards for the Building as set forth on the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, such vendor/contractor shall be approved, in writing, by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Simultaneous with Tenant’s request for Landlord approval of such vendor/contractor, Tenant shall give Landlord (i) the name and address of the proposed vendor/contractor; (ii) the terms of and the scope of such day xxxxxx services, (iii) the written results of a background check for the individuals employed by the vender/contractor that Tenant my use its employees for such purposeswill be performing work in the Leased Premises, including information about the individual’s criminal record and ability to work; and (iv) any other information reasonably requested by Landlord. In the event that Tenant’s vendor/contractor shall carry and maintain at all times Commercial General Liability Insurance, Business Auto Liability, All-Risk Insurance and Worker’s Compensation Insurance, Employer’s Liability Insurance, all issued by insurers licensed to do business in California and having coverage amounts which are reasonably acceptable to Landlord and Tenant canany other insurance reasonably required by Landlord. The insurance certificates shall name Landlord Insured Parties as additional insureds on the liability policies. Certificates or copies of such insurance policy shall be delivered to Landlord before the commencement of any day xxxxxx services by any vendor. The insurance policies required hereunder shall be considered as the primary insurance and shall not agree on whether the prices call into contribution any insurance then being charged maintained by the Building Cleaning Contractor for Landlord. Neither Tenant nor any of its vendors/contractors rendering such day xxxxxx services shall use the janitor closets within the Project and any such cleaning services are comparable to those charged by other reputable contractors as herein providedsupplies shall be kept within the Leased Premises in the ordinary course of business and in accordance with the terms of the Lease and Laws. At Landlord’s request, then Landlord and Tenant shall each obtain two provide Landlord a Materials Safety Data Sheet (2MSDS) bona fide bids for such services from reputable cleaning contractors performing such services listing any and all materials kept by Tenant in comparable buildings in midtown Manhattan employing union laborthe Leased Premises which may be of a hazardous nature. For clarity, and the average provisions of Sections 9.1(d) apply to this Section 7.6. Notwithstanding the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average priceforegoing, Landlord shall have the option to withdraw any such consent for such day xxxxxx services, for reasonable cause, upon thirty (30) days prior written notice to Tenant, in which case, Tenant shall within such thirty (30) days, terminate such day xxxxxx services. Notwithstanding the provisions of Sections 9.1(d), Tenant shall not unreasonably withhold its consent be required to the performance of Tenant Cleaning Services by engage a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentday xxxxxx service provider.”
Appears in 1 contract
Samples: Office Lease Agreement (Roblox Corp)
Cleaning. 23.01 (A) Subject to the terms of Article 10 hereof and this Section 4.4, Landlord shall cause the Premises to be kept clean cleaned substantially in accordance with Landlord’s customary the standards for the Building as set forth on the specifications annexed in Exhibit “4.4” attached hereto and made a part hereof as Exhibit Dhereof. Landlord shall not be required to clean the portions of the Premises (if any) (x) that Tenant uses for the storage, provided they are kept preparation, service or consumption of food or beverages, (y) in order by Tenantwhich Tenant is performing Alterations, or (z) in which the interior installation has been demolished in all material respects. Tenant shall pay to Landlord, its cleaning contractor and their employees shall have after-hours access to as additional rent, the Premises and reasonable costs incurred by Landlord in removing from the use Building any of Tenant’s lightrefuse and rubbish to the extent exceeding the amount of refuse and rubbish usually generated by a tenant that uses the Premises for ordinary office purposes. Tenant shall make such payments to Landlord not later than the thirtieth (30th) day after the date that Landlord gives to Tenant an invoice therefor from time to time.
(B) Tenant, power at Tenant’s expense, shall exterminate the portions of the Premises that Tenant uses for the storage, preparation, service or consumption of food against infestation by insects and water vermin regularly and, in addition, whenever there is evidence of infestation. Tenant shall engage Persons to perform such exterminating that are approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. Tenant shall cause such Persons to perform such exterminating in a manner that is reasonably satisfactory to Landlord.
(C) Tenant, at Tenant’s expense, shall clean daily all portions of the Premises used for the storage, preparation, service or consumption of food or beverages. Tenant shall not have the right to perform any cleaning services (or any other similar facilities management services such as, for example, matron services or handyman services) in the Premises as may be reasonably required for using any Person other than the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges contractor that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall engaged from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of for Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that (x) Landlord shall not have the right to require Tenant my to use its such cleaning contractor unless the rates that such cleaning contractor agrees to charge Tenant for such additional cleaning services are commercially reasonable, and (y) subject to Section 4.8 hereof, Tenant shall have the right to use Tenant’s own employees for such purposesadditional cleaning services. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for If such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor contractor does not agree to charge Tenant for such additional cleaning services (or such similar services) at commercially reasonable rates, then Tenant may employ to perform such additional cleaning services for Tenant at (or such average pricesimilar services) another cleaning contractor that Landlord approves, which approval Landlord shall not unreasonably withhold its consent to the performance of withhold, condition or delay.
(D) Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor shall comply with the proper jurisdictional qualifications; provided, however, thatany refuse disposal program (including, without limitation, Landlord’s experience with such contractor any waste recycling program) that Landlord imposes reasonably after having given Tenant reasonable advance notice of the effectiveness thereof or that is required by Requirements.
(E) Tenant shall not clean any criminal proceedings pending window in the Premises, nor require, permit, suffer or previously filed against such contractor may form a basis upon which Landlord may withhold allow any window in the Premises to be cleaned, in either case from the outside in violation of Section 202 of the New York Labor Law, any other Requirement, or withdraw its consentthe rules of the Board of Standards and Appeals, or of any other board or body having or asserting jurisdiction.
Appears in 1 contract
Samples: Lease (Riverbed Technology, Inc.)
Cleaning. 23.01 Landlord (a) Tenant shall cause be responsible for cleaning the Premises under standards use by similarly situated buildings, including, without limitation, the interior side of the perimeter windows in the Premises. Tenant shall bring rubbish to a place in the Building designated by Landlord and in dumpsters/containers designated by Landlord and shall pay to Landlord, within thirty (30) days after notice thereof, Landlord’s building standard cost for removal thereof, which is presently $35.00 per half-cubic yard (a cubic yard for this purpose being defined as one (1) carting industry standard “Mini Rubbish” dumpster/container), which amount is subject to increase from time to time as Landlord’s cost to remove rubbish increases. In addition, Tenant shall pay to Landlord on demand the costs incurred by Landlord for the removal from the Premises and the Building of any refuse and rubbish of Tenant in excess of that ordinarily accumulated daily in the routine of business office occupancy.
(b) Cleaning of the common area lavatories, main lobby, elevators, and building exterior shall be performed or caused to be kept clean performed by Landlord at Landlord's expense on Business Days in accordance with Landlord’s customary standards the cleaning specifications contained in the contract from time to time in effect between Landlord and the cleaning contractor from time to time engaged by Landlord for the Building as set forth Building.
(c) Tenant shall reimburse Landlord on demand for the costs incurred by Landlord for extra cleaning work in the Premises required by reason of (i) misuse or neglect on the specifications annexed hereto and made a part hereof as Exhibit Dof Tenant, provided they are kept in order its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantities of interior glass surfaces or (iv) nonbuilding standard materials or finishes installed by Tenant. Tenant or at its request Landlord, its cleaning contractor and their employees shall have after-hours access to the Premises after Business Hours and the free use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consent.
Appears in 1 contract
Cleaning. 23.01 Landlord Provided the Tenant shall keep the 5th Floor Premises in order, the Landlord, at the Landlord's expense, shall cause the Premises 5th Floor Premises, excluding any portions thereof used for the storage, preparation, service or consumption of food or beverages, to be kept clean cleaned Monday through Friday (except for those days designated as legal holidays by the Federal or State government or by the unions now or hereafter representing the Landlord's building personnel) substantially in accordance with Landlord’s customary standards the specifications set forth as Exhibit "D" annexed hereto. The Tenant, at the Tenant's sole cost and expense, shall cause all portions of the premises used for the Building storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner satisfactory to the Landlord, and to be exterminated against infestation by vermin, rodents or roaches regularly and, in addition, whenever there shall be evidence of any infestation. Any such extermination shall be done at the Tenant's sole cost and expense and by contractors reasonably approved by the Landlord. The Landlord reserves the right, on thirty days' notice to the Tenant, to require the Tenant to receive cleaning services for the 4th Floor Premises from the Landlord's contractor, at a cost to the Tenant not to exceed the Tenant's cost in contracting independently for such cleaning services for the 4th Floor Premises. If the Tenant shall desire any additional cleaning services in addition to the services PROVIDED by the Landlord (as set forth on Exhibit "D"), the specifications annexed hereto and made a part hereof as Exhibit DTenant shall, provided they are kept in order by Tenant. Landlordat its sole cost, its employ such cleaning contractor and their employees shall have after-hours access providing services to the Premises building on behalf of the Landlord or such other cleaning contractor as shall be approved by the Landlord. The Tenant shall, at its sole cost and expense, comply with all present and future laws, ordinances, regulations and requirements of the use of Tenant’s lightCity, power and water in State or Federal Government or any agency having jurisdiction over the Premises as may be reasonably required for building, or any rules which the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary impose, with respect to the recycling or sorting of refuse and rubbish. The Landlord reserves the right to refuse to collect or accept from the Building Tenant any refuse or rubbish which is not separated and sorted as required and to require the Tenant to arrange for such collection, at the Tenant's sole cost and expense, using a contractor reasonably satisfactory to the Landlord. The Tenant shall indemnify the Landlord from all liability arising from the Tenant's failure to comply with the provisions of this Paragraph. The Tenant shall pay to the Landlord the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for of removal of any other waxing, polishing, and other cleaning and maintenance work of the Premises Tenant's refuse and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that rubbish from the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon building which Landlord may withhold or withdraw its consentexceeds normal office requirements.
Appears in 1 contract
Samples: Lease Agreement (Cyber Dialogue Inc)
Cleaning. 23.01 (A) Subject to the terms of Article 10 hereof and this Section 4.4, Landlord shall cause the Premises to be kept clean cleaned substantially in accordance with Landlord’s customary the standards for the Building as set forth on the specifications annexed in Exhibit “4.4” attached hereto and made a part hereof as Exhibit Dhereof. Landlord shall not be required to clean the portions of the Premises (if any) (x) that Tenant uses for the storage, provided they are kept preparation, service or consumption of food or beverages, (y) in order by Tenantwhich Tenant is performing Alterations, or (z) in which the interior installation has been demolished in all material respects. Tenant shall pay to Landlord, its cleaning contractor and their employees shall have after-hours access to as additional rent, the Premises and reasonable costs incurred by Landlord in removing from the use Building any of Tenant’s lightrefuse and rubbish to the extent exceeding the amount of refuse and rubbish usually generated by a tenant that uses the Premises for ordinary office purposes. Tenant shall make such payments to Landlord not later than the thirtieth (30th) day after the date that Landlord gives to Tenant an invoice therefor from time to time.
(B) Tenant, power at Tenant’s expense, shall exterminate the portions of the Premises that Tenant uses for the storage, preparation, service or consumption of food against infestation by insects and water vermin regularly and, in addition, whenever there is evidence of infestation. Tenant shall engage Persons to perform such exterminating that are approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. Tenant shall cause such Persons to perform such exterminating in a manner that is reasonably satisfactory to Landlord. Landlord hereby advises Tenant that, to the best of Landlord’s knowledge, on the date hereof, the Premises is not infested with insects or vermin.
(C) Tenant, at Tenant’s expense, shall clean daily all portions of the Premises used for the storage, preparation, service or consumption of food or beverages. Tenant shall not have the right to perform any cleaning services (or any other similar facilities management services such as, for example, matron services or handyman services) in the Premises as may be reasonably required for using any Person other than the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges contractor that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall engaged from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of for Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that (x) Landlord shall not have the right to require Tenant my to use its such cleaning contractor unless the rates that such cleaning contractor agrees to charge Tenant for such additional cleaning services are commercially reasonable, and (y) subject to Section 4.8 hereof, Tenant shall have the right to use Tenant’s own employees for such purposesadditional cleaning services. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for If such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor contractor does not agree to charge Tenant for such additional cleaning services (or such similar services) at commercially reasonable rates, then Tenant may employ to perform such additional cleaning services for Tenant at (or such average pricesimilar services) another cleaning contractor that Landlord approves, which approval Landlord shall not unreasonably withhold its consent to the performance of withhold, condition or delay.
(D) Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor shall comply with the proper jurisdictional qualifications; provided, however, thatany refuse disposal program (including, without limitation, Landlord’s experience with such contractor any waste recycling program) that Landlord imposes reasonably after having given Tenant reasonable advance notice of the effectiveness thereof or that is required by Requirements.
(E) Tenant shall not clean any criminal proceedings pending window in the Premises, nor require, permit, suffer or previously filed against such contractor may form a basis upon which Landlord may withhold allow any window in the Premises to be cleaned, in either case from the outside in violation of Section 202 of the New York Labor Law, any other Requirement, or withdraw its consentthe rules of the Board of Standards and Appeals, or of any other board or body having or asserting jurisdiction.
Appears in 1 contract
Cleaning. 23.01 Landlord shall cause the Premises to be kept [excluding any portions thereof used for the storage, preparation, service or consumption of food or beverages (except for pantries, which Landlord shall clean in accordance with the applicable provisions of Exhibit D-Cleaning Specifications); as an exhibition area or classroom; for storage; as a shipping room, mail room or for similar purposes; for private bathrooms, showers or exercise facilities; primarily for operation of computer or data processing, and portions of the Premises that include any improvements or property that require non-standard office cleaning supplies, materials, procedures, labor or service, such as paintings and other works of art] to be cleaned by a licensed cleaning contractor, substantially in accordance with the standards set forth in Exhibit D-Cleaning Specifications. Landlord reserves the right to modify such standards from time-to-time provided that Landlord’s customary cleaning standards shall be reasonably consistent with those provided in Xxxxxxxxxx Xxxxxxxxx. Any areas of the Premises which Landlord is not required to clean hereunder or which require additional cleaning shall be cleaned, at Tenant’s expense, by Landlord’s cleaning contractor for the Building such additional charge as set forth on the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by TenantLandlord’s cleaning contractor might require from time to time. Landlord, its ’s cleaning contractor and their its employees shall have after-hours access to the Premises at all times except between 8:00 a.m. and 6:00 p.m. on weekdays which are not Holidays. In addition to the use foregoing, Landlord will cause the exterior windows of the Building to be washed not less than two (2) times per year (exterior surface two (2) times per year and interior surface one (1) time per year), with additional window washing services to be available if requested by Tenant and at Tenant’s light, power and water in expense. Tenant shall have the right to have its own cleaning contractor service the Premises as may be reasonably required for the purpose of between 8:00 a.m. and 6:00 p.m. on weekdays which are not Holidays provided such cleansing contractor is a licensed cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a contractor, such cleaning contractor for coordinates the Building. Tenant agrees to employ said provision of such servicers with Landlord’s property manager and such cleaning contractor or such other contractor as Landlord shall abides by Landlord’s reasonable rules and regulations from time to time designate (in effect governing third-party contractors providing services at the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentBuilding.
Appears in 1 contract
Samples: Deed of Lease (FBR & Co.)
Cleaning. 23.01 Landlord (subject to recoupment pursuant to Article 6 hereof) shall cause the Premises to be kept clean in accordance cleaned by a reputable, experienced and insured cleaning contractor five (5) days per week (Monday through Friday, inclusive (excluding holidays); however, the Friday cleaning services may be performed on weekend days) consistent with Landlord’s customary standards for the Building as set forth on the cleaning specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenant. D. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) days after being billed therefor, Landlord's extra charges from its cleaning contractor and their employees for any special or unusual cleaning work in the Premises, including, without limitation, the cleaning of portions of the Premises with glass partitions, any executive bathrooms, or any areas used for the storage, preparation, service or consumption of food or beverages (if any). Notwithstanding the foregoing, throughout the Term Tenant shall have afterthe right one-hours access time per calendar year to substitute its own reputable, experienced and insured cleaning contractor reasonably approved by Landlord to clean the Premises pursuant to such cleaning specifications, in which case (a) Tenant shall receive, at Landlord's election, a credit against either Tenant's Additional Rent or Fixed Rent equal to the Premises savings actually realized by Landlord as a result of such substitution (the "Janitorial Credit"), and (b) Landlord shall adjust the use Base Expenses to reflect any such annual Janitorial Credit for any future payments of Tenant’s lightCosts of Operation and Maintenance escalations under Article 6 hereof. If, power and water at the time that the application of the Janitorial Credit becomes necessary pursuant to the provisions of this Section, the amount of the savings actually realized by Landlord has not been determined, then, in such event, Landlord shall reasonably estimate the Premises as may be reasonably required same for the purpose of cleaning such application and, within thirty (30) days after the Premises. date that the actual Janitorial Credit becomes known, Landlord may remove Tenant’s extraordinary refuse from the Building shall notify Tenant of such actual amount and within thirty (30) days following such notice Tenant shall pay to Landlord any deficiency in Rent owed to Landlord based upon Landlord's estimate of the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Janitorial Credit and Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed credit Tenant with any overpayment of Rent made by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for based on such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentestimate.
Appears in 1 contract
Cleaning. 23.01 Landlord (A) Tenant, at Tenant’s expense, shall cause the Premises Premises, all glass surfaces (interior and exterior), and all fixtures, furnishings and property of Tenant to be kept clean in accordance with Landlordcleaned daily, shall not at any time sweep any refuse, rubbish or dirt into the gutters or streets of the Building and Tenant, at Tenant’s customary standards expense, shall exterminate the portions of the Premises that Tenant uses for the Building as set forth on the specifications annexed hereto storage, preparation, service or consumption of food against infestation by insects and made a part hereof as Exhibit DveHnin regularly, provided they are kept and in order by Tenant. addition, whenever there is evidence of infestation and whenever Landlord, in its cleaning contractor and their employees reasonable discretion, deems the same necessary or desirable. Tenant shall have after-hours access engage Persons to perform such exterminating that are approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. Tenant shall cause such Persons to perform such exterminating in a manner that is reasonably satisfactory to Landlord.
(B) Tenant, at Tenant’s expense, shall clean daily all portions of the Premises and used for the use storage, preparation, service or consumption of Tenant’s light, power and water food or beverages. Tenant shall not have the right to perform any cleaning services in the Premises as may be reasonably required for using any Person other than the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges contractor that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall engaged from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of for Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that (x) Landlord shall not have the right to require Tenant my to use its such cleaning contractor unless the rates that such cleaning contractor agrees to charge Tenant for such additional cleaning services are commercially reasonable, and (y) subject to Section 5.9 hereof, Tenant shall have the right to use Tenant’s own employees for such purposesadditional cleaning services. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for If such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor contractor does not agree to charge Tenant for such additional cleaning services at commercially reasonable rates, then Tenant may employ to perform such additional cleaning services for Tenant at such average priceanother cleaning contractor that Landlord approves, which approval Landlord shall not unreasonably withhold its consent to the performance of withhold, condition or delay.
(C) Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor shall comply with the proper jurisdictional qualifications; provided, however, thatany refuse disposal program (including, without limitation, Landlord’s experience with such contractor any waste recycling program) that Landlord imposes reasonably or that is required by Requirements.
(D) Tenant shall not clean any criminal proceedings pending window in the Premises, nor require, permit, suffer or previously filed against such contractor may form a basis upon which Landlord may withhold allow any window in the Premises to be cleaned, in either case from the outside in violation of Section 202 of the New York Labor Law, any other Requirement, or withdraw its consentthe rules of the Board of Standards and Appeals, or of any other board or body having or asserting jurisdiction.
Appears in 1 contract
Samples: Loan Agreement (Alexanders Inc)
Cleaning. 23.01 Tenant shall, at its sole cost and expense, (i) keep the Premises clean, in good order and free of all debris to the satisfaction of Landlord and (ii) promptly bag and remove all garbage in connection with the conduct of its business at the Premises to the Building’s designated disposal area under such conditions and at such times as approved by Landlord so as to avoid any obnoxious or offensive odors therefrom or otherwise interfering with the comfort and quiet enjoyment of the other occupants of the Building or pedestrians.
23.02 Tenant shall, at its sole cost and expense, engage a carting company for the removal and disposal of Tenant’s bulk or non-ordinary garbage during such hours as may be reasonably designated by Landlord; such removal and disposal shall cause at all times comply with all applicable laws. Upon the enactment of city wide commercial recycling regulations notwithstanding those regulations, Tenant shall be responsible for all the requirements of said regulations as if Tenant were the Landlord of said premises. Tenant shall pay any and all fines issued as a result of Txxxxx’s failure to perform all the requirements set forth for commercial recycling. Refuse in closed plastic trash bags shall be permitted to remain in front of the Premises only on days when such refuse is scheduled for removal.
23.03 Tenant shall not clean, nor require, permit, suffer or allow any window in the Premises to be kept clean cleaned, from the outside in accordance with Landlordviolation of any applicable law, or the rules of any governmental or quasi-governmental authority asserting jurisdiction.
23.04 Without limiting Tenant’s customary standards obligations hereunder, Tenant shall be responsible for the Building as set forth prompt and thorough removal of any and all graffiti at or on the specifications annexed hereto Building fronting the Premises, Building windows constituting part of the Premises, sidewalks, curbs and made a part hereof as Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access loading docks adjacent to the Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that shall remove same without the cleaning contractor requirement for Landlord to give notice to Tenant of any graffiti condition. However, if Landlord shall give Tenant written notice of a graffiti condition at the Building may Premises and same shall not be corrected by Tenant within ten (10) days of the date of such notice, such failure to correct shall be deemed to be a division or affiliate default under the terms of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentthis Lease.
Appears in 1 contract
Cleaning. 23.01 Landlord shall cause (a) From and after the Premises to be kept clean in accordance with Landlord’s customary standards for the Building as set forth on the specifications annexed hereto and made a part hereof as Exhibit DEffective Date, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees Tenant shall have after-hours access to the Premises and the use of Tenant’s lightright, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”but not more than once in any period of twelve (12) consecutive months), to perform all submit proposed cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan specifications for the same level and quality of service. Tenant acknowledges that it has been advised that the demised premises to Landlord (which cleaning contractor for the Building may specifications shall be subject to Landlord's reasonable approval) with a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event request that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor provide a cost estimate for providing such cleaning services are comparable in accordance with such specifications. Landlord shall use good faith efforts to those charged deliver a cost estimate (the "Cleaning Costs") based upon such proposed cleaning specifications to Tenant within thirty (30) days after receipt of Tenant's request. If Tenant elects to have Landlord provide such cleaning services by other reputable contractors giving written notice to Landlord to such effect within sixty (60) days after Tenant's receipt of the Cleaning Costs, then effective upon the date when Landlord or an affiliate of Landlord begins providing such cleaning services, Tenant shall reimburse Landlord, within thirty (30) days after receipt of Landlord's invoices therefor, for Landlord's costs of providing such cleaning services as herein providedadjusted from time to time.
(b) For so long as Tenant retains responsibility for providing cleaning services to the demised premises, Tenant shall clean the first and second floor lobbies serving the demised premises to the standards of a first class office building in Downtown Brooklyn. If within thirty (30) days after receipt of Landlord's notice that Tenant shall have failed to clean the first and second floor lobbies serving the demised premises to such standard Tenant shall have failed to achieve such standard, then Landlord may notify Tenant of the date when Landlord shall assume responsibility for providing cleaning services to the first and second floor lobbies serving the demised premises. From and after the date when Landlord shall have assumed such responsibility, Tenant shall each obtain two pay Landlord, as additional rent and within thirty (230) bona fide bids for days after receipt of Landlord's invoices therefor, all commercially reasonable costs of providing such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and services. Any dispute about the average application of this Paragraph 11(b) may be submitted to arbitration pursuant to Article 38 of the four bids thus obtained shall be Lease, before an arbitrator selected in accordance with Section 38.01(b) of the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentLease.
Appears in 1 contract
Samples: Lease (Keyspan Corp)
Cleaning. 23.01 Landlord (i) Dirt, litter and obstructions shall be collected and removed daily (seven days a week), and garbage, trash, and leaves, collected and removed by Licensee on a regular basis, as needed. Licensee shall be responsible for removal of all other materials, including construction debris and abandoned vessels. Licensee shall be responsible for disposal of garbage from Licensee’s Special Events. Dirt, litter, obstructions, garbage, trash and leaves shall be collected so as to maintain the Licensed Premises in a clean, neat and good condition. At no time may any garbage, trash and litter, including but not limited to construction debris generated at the Licensed Premises (excluding any construction debris resulting from the construction of approved Alterations and Capital Improvements which is removed in the ordinary course of construction), be stored on the Licensed Premises or placed within Parks containers without the express written approval of the Parks’ Manhattan Borough Commissioner. Licensee is prohibited from bringing any garbage, trash, litter and natural debris not generated at the Licensed Premises to the Licensed Premises for disposal.
(ii) All walkways, sidewalks and all pavements and facilities in the Licensed Premises including comfort stations, recreational facilities, docks, piers and boathouses, shall be routinely cleaned and maintained so as to keep such improvements and facilities in a clean, neat and good condition.
(iii) Graffiti shall be regularly painted over or removed, as appropriate to the nature of the surface, within forty-eight (48) hours of Licensee noticing or being informed of the presence of graffiti on the Licensed Premises.
(iv) Drains, sewers and catch basins on the Licensed Premises shall be cleaned regularly to prevent clogging.
(v) Branches and trees damaged or felled shall be promptly set aside for removal by the City.
(vi) Licensee shall remove or shall cause the removal of all boats, docks, vehicles or other property abandoned at the Licensed Premises to be kept clean in accordance connection with Landlord’s customary standards for its activities or any sublicensee or permittee. Licensee shall promptly notify Parks of any abandoned boats or vehicles at the Building as set forth on the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Licensed Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereofthat it becomes aware of.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord (vii) Licensee shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishingmaintain, and other cleaning and maintenance work of clean the restrooms at the Licensed Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged in a manner reasonably approved by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposesXxxxx. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein providedaddition, then Landlord and Tenant Licensee shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union laborstock all necessary supplies, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree make any necessary repairs to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentrestrooms.
Appears in 1 contract
Samples: License Agreement
Cleaning. 23.01 A. Tenant shall keep the Demised Premises clean and in a neat, orderly, safe, and sanitary condition. Landlord shall shall, at Landlord’s expense, cause the Demised Premises to be kept clean cleaned in accordance with Landlord’s customary standards for the Building cleaning specifications attached hereto as set forth on the specifications annexed hereto EXHIBIT F and made a part hereof as Exhibit Don business days. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (x) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant, provided they are kept or its agents, contractors, licensees, employees, customers or visitors, (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, and (iv) non-Building standard materials or finishes installed by Tenant or at its request, and (y) the removal from the Demised Premises and the Building of any refuse and rubbish of Tenant in order by Tenantexcess of that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have after-hours access to the Demised Premises and the free use of Tenant’s light, power and water in the Demised Premises as may be reasonably required for the purpose of cleaning the PremisesDemised Premises in accordance with Landlord’s obligations hereunder. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay have the cost thereofright for its employees to undertake general cleaning within the Demised Premises.
23.02 B. Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, contractor without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed). Tenant shall require every person engaged by Tenant to clean any window in the Demised Premises from the outside to use the equipment and safety devices required by Section 202 of the Labor Law and any other Legal Requirements applicable thereto. Notwithstanding the foregoing, Landlord shall cause the exterior windows of each floor of the Demised Premises to be cleaned one (1) time prior to Tenant’s occupancy of the Demised Premises within ten (10) days following Tenant’s request; providedit being agreed, however, that Tenant my use its employees for with respect to the eighth (8th) floor portion of the Demised Premises, Landlord shall cause the exterior windows of such purposesfloor to be cleaned promptly following the date of this Lease.
C. If the Demised Premises shall be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. In the event that Landlord and maintains a Building extermination contract, Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable may elect to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for retain such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average shall pay to Landlord Tenant’s pro rata share of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning extermination services for Tenant at such average price, Landlord shall not unreasonably withhold its consent provided to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentDemised Premises.
Appears in 1 contract
Cleaning. 23.01 Landlord A. Landlord, at its expense, shall cause the Premises demised premises to be kept clean cleaned in accordance a manner consistent with Landlord’s customary standards the cleaning services in a first-class office building in the Wall Street district of Manhattan. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) extra cleaning work in the demised premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the demised premises for preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request, and (b) removal from the demised premises and the Building as set forth on of any refuse and rubbish of Tenant in excess of that ordinarily accumulated daily in the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenantroutine of business office occupancy. Landlord, its 's cleaning contractor and their employees shall have after-after hours access to the Premises demised premises and the free use of Tenant’s light, power and water in the Premises demised premises as may be reasonably required for the purpose of cleaning the Premisesdemised premises in accordance with Landlord's obligations hereunder, subject to Tenant's reasonable security requirements of which Tenant has provided in writing to Landlord.
B. Tenant, at its sole cost and expense, shall keep clean, to the reasonable satisfaction of Landlord, all portions of the demised premises that Landlord is not obligated to clean (or to which Landlord does not have access due to Tenant's security requirements), by using a cleaning contractor reasonably acceptable to Landlord. Tenant shall place all of its refuse and rubbish that Landlord may is not obligated to remove Tenant’s extraordinary refuse from the Building demised premises in sealed plastic bags at a location and at times to be designated by Landlord. Tenant shall pay to Landlord, on demand, any costs incurred by Landlord for (i) removal from the cost thereof.
23.02 designated location and the Building of so much of any refuse and rubbish of Tenant acknowledges as shall exceed, in Landlord's reasonable judgment, that ordinarily accumulated daily in the routine of business office occupancy for premises equal in size to the demised premises and (ii) Tenant's failure to place its refuse and rubbish at the designated location, times or in the manner hereinbefore provided. No one other than persons first approved by Landlord has designated a cleaning contractor shall be permitted to enter the demised premises or the Building for the Buildingpurposes of cleaning the same. All cleaning of the demised premises by Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall be performed strictly in accordance with the rules and regulations established from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor Landlord in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor accordance with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentprovisions of this lease.
Appears in 1 contract
Samples: Office Lease (Thestreet Com)
Cleaning. 23.01 Landlord At least nine (9) months prior to the Commencement Date, Tenant shall notify Owner whether Tenant elects to clean the Demised Premises itself or have Owner clean the Demised Premises. If Tenant elects to clean the Demised Premises itself, then the provisions of subsection I of this Section shall apply and the provisions of subsection II shall be of no force and effect. If Tenant elects to have Owner clean the Demised Premises, then the provision of subsection II of this Section shall apply and the provisions of subsection I shall be of no force and effect.
I. Owner shall have no obligation to clean the Demised Premises or remove refuse therefrom. Tenant, at Tenant's expense, shall cause the Demised Premises to be kept clean cleaned substantially in accordance with Landlord’s customary the standards for the Building as set forth on the specifications annexed in Schedule E attached hereto and made a part hereof as Exhibit Dhereof, and shall cause Tenant's refuse to be removed. Such cleaning shall be performed by the cleaning contractor selected, from time to time, by Owner in its sole discretion, provided they are kept in order by Tenant. Landlord, its that (i) such cleaning contractor and their employees shall have after-hours access be the same cleaning contractor then selected by Owner to provide cleaning to the remainder of the Building outside the Demised Premises, and (ii) Tenant shall execute a cleaning contract with such contractor, which shall contain the same provisions as those contained in Owner's cleaning contract with such cleaning contractor to the extent related to the cleaning of tenant space in the building (as said provisions shall be adjusted to reflect the size of the Demised Premises and the use any extra cleaning services required by Tenant beyond those set forth in Schedule E). Tenant shall cooperate with any waste and garbage recycling program of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and shall comply with all reasonable rules and regulations of Owner with respect thereto.
II. Provided Tenant shall pay keep the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for Demised Premises in reasonable order, Owner, at Owner's expense, shall cause the Buildingoffice areas of the Demised Premises to be cleaned substantially in accordance with the standards set forth in Schedule E and shall cause Tenant's ordinary office waste paper refuse to be removed. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises cooperate with any waste and for any other waxing, polishing, and other cleaning and maintenance work garbage recycling program of the Premises Building and Tenant’s furniture, fixtures shall comply with all reasonable rules and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality regulations of serviceOwner with respect thereto. Tenant acknowledges that it has been advised that Owner's obligation to cause the cleaning contractor office areas of the Demised Premises to be cleaned excludes any portion of the Demised Premises not used as office areas (e.g., storage, mail and computer areas, private lavatories and areas used for the Building may be a division storage, preparation, service or affiliate consumption of Landlordfood or beverages). Tenant agrees that it Unless Owner shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, request that Tenant my use make its employees for such purposes. In own arrangements directly with the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such contractor providing cleaning services are comparable to those charged by other reputable contractors as herein providedthe Demised Premises, then Landlord and Tenant shall each obtain two (2) bona fide bids pay Owner at Owner's actual out-of-pocket cost, for such services the removal of any of Tenant's refuse or rubbish, other than ordinary office waste paper refuse, from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentBuilding.
Appears in 1 contract
Samples: Sub Sublease Agreement (Eyetech Pharmaceuticals Inc)
Cleaning. 23.01 The Landlord shall, provide janitorial services to the Office Premises at such times and in such manner as is consistent with prevailing practices in comparable office buildings in the City of Markham of similar age and in a similar location. The Landlord shall cause the Premises periodically clean both sides of exterior windows so as to be kept clean in accordance with Landlord’s customary standards for maintain the Building as set forth on the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Premises and the use standard of Tenant’s light, power and water a comparable office building in the Premises as may be reasonably required for the purpose City of cleaning the PremisesMarkham of similar age and in a similar location. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 The Tenant acknowledges that the Landlord has designated a cleaning contractor for may clean the Building. windows during Normal Business Hours and the Tenant agrees to employ said cleaning contractor or such other contractor as allow the Landlord and its contractors entry into the Premises for this purpose. The Landlord shall from time keep those portions of the Common Areas accessible to time designate the public in a clean and orderly fashion, and keep the sidewalks and driveways located on the Lands reasonably clear of excessive build-up of snow. Notwithstanding anything contained in this Lease, it is understood and agreed that the Tenant shall be responsible for providing its own janitorial services to the Warehouse Premises and emptying the garbage receptacles, not allowing garbage or waste to accumulate in or about the Warehouse Premises, all on a daily basis and at regular intervals as prescribed by the Landlord. The Tenant shall further, at its expense, keep the Warehouse Premises free of insects, rodents, vermin and other pests. If the Tenant does not maintain a standard of cleanliness and repair satisfactory to the Landlord (acting reasonably) or fails to keep the “Building Cleaning Contractor”Warehouse Premises free of insects, rodents, vermin and other pets in the Landlord’s reasonable opinion, then the Landlord shall have the right, after twenty-four (24) hours’ prior oral or written notice to perform all cleaning services required under the Lease to be performed by Tenant within which the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree fails to perform such cleaning services or repair, to perform or cause to be performed the cleaning or repair and to require the Tenant to pay for such cost together with an administration fee of 15% thereon as Additional Rent under this Lease (payable immediately upon its receipt of an invoice). Further, should there be a repeated breach by the Tenant at such average priceof its cleaning or repair obligations in the Landlord’s sole determination, then the Landlord shall not unreasonably withhold its consent have the right, upon written notice to the performance Tenant, to assume the Tenant’s ongoing obligations at the expense of the Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor plus the administration fee of 15%, all as Additional Rent payable under this Lease. [*****] Confidential Information has been omitted and filed separately with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience Securities and Exchange Commission. Confidential treatment has been requested with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentrespect to this omitted information.
Appears in 1 contract
Samples: Office Lease (Fluidigm Corp)
Cleaning. 23.01 (a) Landlord shall cause the Premises Office Areas to be kept clean cleaned, substantially in accordance with Landlord’s customary standards for the Building as cleaning specifications set forth on the specifications annexed hereto and made a part hereof as in Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Premises and the use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consentI attached hereto; provided, however, that Tenant my use any portions of the Office Areas used for the storage, preparation, service or consumption of food or beverages, as an exhibition area or classroom, for storage, as a shipping room or mail room, for private bathrooms, showers or exercise facilities, as a trading floor, or primarily for operation of computer, data processing, telecommunications, or similar equipment shall be cleaned at Tenant’s expense, by Landlord’s cleaning contractor, at rates which shall be competitive with rates of other cleaning contractors providing comparable services to Comparable Buildings. Landlord’s cleaning contractor and its employees shall have access to the Premises at all times except between 8:00 a.m. and 5:30 p.m. on weekdays which are not Observed Holidays.
(b) Tenant shall, at its sole cost and expense, (i) cause the Lab Areas to be cleaned on a regularly scheduled basis, in a manner reasonably satisfactory to Landlord, (ii) cause the Lab Areas to be exterminated with such frequency and in such manner as to prevent the existence of vermin or other infestation, (iii) cause all portions of the Lab Areas used for the storage, preparation or consumption of food or beverages, if any, to be cleaned daily in a manner reasonably satisfactory to Landlord, and (iv) cause Xxxxxx's garbage and other refuse to be removed from the Premises, at such purposestimes and to a location designated by Landlord. In Tenant shall be responsible, at its sole cost and expense, for all trash removal services with respect to the event Lab Areas and for all biohazard disposal services required in connection with its operations in the Premises. Such services shall be performed by licensed (where required by Requirements), insured and qualified contractors approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) and with sufficient frequency so that the Premises are at all times kept neat and clean. Until removed, Xxxxxx’s garbage and trash shall be kept in a neat and orderly condition, properly bagged or in the case of packing boxes and cartons, securely tied. Tenant shall observe such additional customary Rules and Regulations regarding rubbish removal, biohazard disposal, and/or recycling as Landlord may adopt from time to time. Without limitation, if Tenant fails to perform any of the foregoing obligations (and Tenant cannot agree on whether such failure continues after the prices then being charged by delivery of required notice and the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein providedexpiration of applicable grace period), then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning may elect, to cause a contractor or contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree engaged by Landlord to perform such cleaning services obligations in which event Tenant shall reimburse Landlord as Additional Rent for Tenant at such average price, all commercially reasonable costs and expenses incurred by Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentin connection therewith.
Appears in 1 contract
Cleaning. 23.01 Tenant, at its sole cost and expense, shall maintain the Premises in an orderly condition. Landlord shall cause the Premises to be kept clean cleaned in accordance with Landlord’s customary standards the then current Building Standard cleaning specifications for the Building, which specifications in effect on the date of this Lease, are set forth in Exhibit G hereto. Landlord agrees that the cleaning specifications for the Building shall not at any time be less favorable (except to a de minimis degree) to Tenant than those annexed hereto as set forth Exhibit G. Tenant shall pay to Landlord as Additional Rent, within thirty (30) days after Landlord’s demand therefor, the costs incurred by Landlord for (a) extra cleaning work in the Premises required because of (i) misuse or neglect on the specifications annexed hereto part of Tenant or its employees or visitors, (ii) use of portions of the Premises for preparation, cooking, serving or consumption of food or beverages; data processing or reproducing operations; private lavatories or toilets; or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, or (iv) non-Building Standard materials or finishes installed by Tenant or at its request, and made a part hereof as Exhibit D, provided they are kept (b) the removal from the Premises and the Building of any refuse and rubbish of Tenant in order by Tenantexcess of that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have after-after hours access to the Premises and the free use of Tenant’s light, power and water in the Premises as may be reasonably required for the purpose of cleaning the PremisesPremises in accordance with Landlord’s obligations hereunder. Landlord may remove Tenant’s extraordinary refuse from acknowledges that Tenant expects to receive high quality cleaning services in accordance with Exhibit G for the Building Premises throughout the Term, and Landlord agrees to take commercially reasonable steps to address reasonable issues raised by Tenant if the quality of such services at any times fails to meet the standards required by this Lease. Additionally, Tenant shall pay have the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a right to contract directly with the Building’s cleaning contractor for the Building. Tenant agrees to employ said any supplemental cleaning, which supplemental cleaning contractor or such other contractor as Landlord shall from time to time designate (the “Building Cleaning Contractor”) to perform all cleaning services required under the Lease to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and at Tenant’s furniture, fixtures sole cost and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentexpense.
Appears in 1 contract
Samples: Lease Agreement (Yelp Inc)
Cleaning. 23.01 The Tenant shall:
(A) keep the Premises in a clean and tidy condition and (save to the extent that the Tenant employs and utilises its own cleaning staff) employ only the Superior Landlord’s nominated cleaning contractors or the Landlord’s cleaning contractor for such purposes, but so that:
(1) the Landlord shall cause consult with the Tenant in relation to each proposed appointment, and the Landlord shall use all reasonable endeavours to procure that the Superior Landlord shall have due regard to any proper and reasonable representations made by the Tenant relating to the identity of all such cleaning contractors;
(2) if the Tenant reasonably and properly determines that the service provided by the Superior Landlord’s nominated cleaning contractor is unsatisfactory, and the Landlord fails within a reasonable time of being requested by the Tenant to procure a reasonable improvement, the Tenant shall (subject to the Superior Landlord agreeing thereto pursuant to the terms of the Superior Lease) be entitled to appoint its own competent and reputable cleaning contractors;
(B) as often as may be necessary, properly clean the inside surfaces of all exterior windows and windows looking onto any galleria or atrium and:
(1) in the event that the Superior Landlord enforces clause 10.5.3(a) of the Superior Lease keep the toilets shown shaded yellow on Plan A in a clean and tidy condition, and either appoint competent and reputable cleaning contractors for such purposes, or employ its own cleaning staff, provided that, to the extent the Landlord (acting reasonably) or the Superior Landlord considers the said toilets are not being kept in a clean and tidy condition, the Landlord shall be entitled to appoint its own cleaning contractors for such purposes, and the Tenant shall then no longer be entitled or obliged to provide such cleaning contractors under this clause 8.2(B)(1);
(2) permit the Landlord, its servants, agents and contractors after reasonable prior notice (but not less than ten (10) Working Days prior notice save in emergency (where no notice need be given)) to enter the Premises to inspect the toilets and thereafter to carry out any works of refurbishment as the Landlord or the Superior Landlord may require, such works to be kept clean carried out in accordance with Landlord’s customary standards for a programme, and subject to conditions including access, security and hours of working, first approved by the Building as set forth on Tenant, such approval not to be unreasonably withheld or delayed PROVIDED THAT the specifications annexed hereto and made a part hereof as Exhibit D, provided they are kept in order by Tenant. Landlord, its cleaning contractor and their employees shall have after-hours access to the Premises and the use of Tenant’s light, power and water in the Premises as Tenant may be reasonably required for the purpose of cleaning the Premises. Landlord may remove Tenant’s extraordinary refuse from the Building and Tenant shall pay the cost thereof.
23.02 Tenant acknowledges that Landlord has designated a cleaning contractor for the Building. Tenant agrees to employ said cleaning contractor or such other contractor as Landlord shall from time to time designate (request the “Building Cleaning Contractor”) Landlord to perform all cleaning services required under carry out such refurbishment works, and, if the Lease Landlord declines so to do, then the Tenant may itself carry out such works in accordance with details previously approved by the Landlord, such approval not to be performed by Tenant within the Premises and for any other waxing, polishing, and other cleaning and maintenance work of the Premises and Tenant’s furniture, fixtures and equipment (collectively, “Tenant Cleaning Services”) provided that the prices charged by said contractor are comparable to the prices customarily charged by other reputable cleaning contractors employing union labor in midtown Manhattan for the same level and quality of service. Tenant acknowledges that it has been advised that the cleaning contractor for the Building may be a division unreasonably withheld or affiliate of Landlord. Tenant agrees that it shall not employ any other cleaning and maintenance contractor, nor any individual, firm or organization for such purpose, without Landlord’s prior written consent; provided, however, that Tenant my use its employees for such purposes. In the event that Landlord and Tenant cannot agree on whether the prices then being charged by the Building Cleaning Contractor for such cleaning services are comparable to those charged by other reputable contractors as herein provided, then Landlord and Tenant shall each obtain two (2) bona fide bids for such services from reputable cleaning contractors performing such services in comparable buildings in midtown Manhattan employing union labor, and the average of the four bids thus obtained shall be the standard of comparison. In the event that the Building Cleaning Contractor does not agree to perform such cleaning services for Tenant at such average price, Landlord shall not unreasonably withhold its consent to the performance of Tenant Cleaning Services by a reputable cleaning contractor designated by Tenant employing union labor with the proper jurisdictional qualifications; provided, however, that, without limitation, Landlord’s experience with such contractor or any criminal proceedings pending or previously filed against such contractor may form a basis upon which Landlord may withhold or withdraw its consentdelayed.
Appears in 1 contract
Samples: Underlease (Mimecast LTD)