Climate Control. Landlord shall provide climate control to the Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 3 contracts
Samples: Office Lease (Impinj Inc), Office Lease (Impinj Inc), Office Lease (Impinj Inc)
Climate Control. Landlord shall provide climate control to the Leased Premises from 7:00 7 :00 a.m. to 6:00 p.m. (the "Climate Control Hours") on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Saturdays, Sundays and holidays excepted) (the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s 's reasonable control, so long control except as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenantexpressly provided herein. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s 's request shall be at Tenant’s 's sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time. Upon request, which rate schedules Landlord shall not include any markup for Landlord. As advise Tenant of the date of mutual execution of this Lease, the then current rate for after hours service is $30 per hourschedule. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s 's equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s 's expense. Tenant acknowledges that up to one (1) year may be required after Tenant has fully occupied the Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s 's expenditure for the benefit of Tenant.
Appears in 2 contracts
Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Climate Control. Landlord shall provide climate control to the Leased Premises from 7:00 8:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays (Saturdays, Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this LeaseLease Reference Date, the rate for after hours service climate control at times other than the Climate Control Hours is Forty Dollars ($30 40.00) per hour, with a two (2) hour minimum. Upon request, Landlord shall advise Tenant of the then current rate schedule. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten thirty (30) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 2 contracts
Samples: Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)
Climate Control. Landlord shall provide climate control to the Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and nationally enacted holidays excepted) (the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, time which rate schedules shall not include any markup for reflect all of Landlord’s costs related thereto. As of the date of mutual execution of this Lease, the rate for after hours service is $30 35 per hour. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) business days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (Tableau Software Inc)
Climate Control. Landlord shall provide climate control to the Premises from 7:00 8:00 a.m. to 6:00 7:00 p.m. (the "Climate Control Hours") on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Saturdays, Sundays and holidays excepted) (the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s 's reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s 's request shall be at Tenant’s 's sole cost and expense in accordance with rate schedules reasonably promulgated by Landlord from time to time. Upon request, which rate schedules Landlord shall not include any markup for Landlord. As advise Tenant of the date of mutual execution of this Lease, then current rate schedule and the rate basis for after hours service is $30 per hourits calculation. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s 's equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s 's expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s 's expenditure for the benefit of Tenant.
Appears in 1 contract
Samples: Office Lease (Witness Systems Inc)
Climate Control. Landlord shall provide climate control furnish heat or air conditioning to the Premises during Normal Business Hours of the Building as set forth in Article 1, as required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises. If Tenant requires heat or air conditioning at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from 7:00 a.m. to 6:00 p.m. Tenant, and Tenant shall pay all of Landlord’s charges therefor on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancydemand as Additional Rent, provided that such charges shall not exceed prevailing market rates therefor in comparable buildings in the San Francisco Financial District. The performance by Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant its obligations under this Article is subject to Tenant’s request shall be at Tenant’s sole cost and expense in accordance compliance with rate schedules promulgated the terms of this Lease including any connected electrical load established by Landlord from time to time, which rate schedules Landlord. Tenant shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement part thereof in a manner exceeding the heating, ventilating or air-conditioning (“HVAC”) design conditions (including any occupancy or connected electrical load conditions), including the rearrangement of partitioning which interferes may interfere with the normal operation of the HVAC equipment, or the use of computer or data processing machines or other machines or equipment in excess of that normally required for a standard office use of the Premises. If any such system may require use requires changes or alterations in the system HVAC or ducts through which plumbing systems or controls servicing the climate control system operates. Any changes Premises or alterations so occasionedportions thereof in order to provide comfortable occupancy, if such changes can be accommodated by Landlord’s equipment, shall may be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, Landlord will perform the re-balancing at Tenant’s expense and Tenant agrees to promptly pay any such amount to Landlord as Additional Rent. Landlord agrees that Tenant’s present manner of use of the 14th Floor does not exceed design conditions. Notwithstanding the foregoing, Tenant shall, at its sole expense. Tenant acknowledges that up to one year may , be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure responsible for the benefit payment of Tenantall costs of the supplemental HVAC unit serving the 14th floor.
Appears in 1 contract
Samples: Lease (Medivation, Inc.)
Climate Control. Landlord shall provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays (Saturdays, Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time. Upon request, which rate schedules Landlord shall not include any markup for Landlord. As advise Tenant of the date of mutual execution of this Lease, the then current rate for after hours service is $30 per hourschedule. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one year six (6) months may be required after Tenant has fully occupied the Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten thirty (30) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Climate Control. So long as Tenant is not in default under any of the covenants of this Lease beyond any applicable notice and cure period, Landlord shall provide climate control to the Premises from 7:00 8:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays (Saturdays, Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time. Upon request, which rate schedules Landlord shall not include any markup for Landlord. As advise Tenant of the date of mutual execution of this Lease, the then current rate for after hours service is $30 per hourschedule. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one (1) year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Climate Control. Landlord Lessor shall provide climate control (and the cost for which shall be included in Operating Costs) ventilating and air conditioning ("VAC") to the Leased Premises which meets the design load standards on file in the Building Management Office ("Design Load Standards") from 7:00 8:00 a.m. to 6:00 p.m. on weekdays p.m., Monday through Friday and from 9:00 8:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) Saturday (the “"Climate Control Hours”") to maintain a temperature adequate for comfortable occupancy, provided that Landlord Lessor shall have no responsibility or liability for failure to supply climate control VAC service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s Lessor's reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within VAC provided to the Leased Premises at Lessee's request after the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s Lessee's sole cost and expense in accordance with rate schedules promulgated by Landlord Lessor from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant Lessee acknowledges that Landlord Lessor has installed in the Building a system for the purpose of climate control. Initially, the use of fans to circulate outside air or in conjunction with the climate control equipment outside of the Climate Control Hours shall be charged at $24 per each additional fan, and the use of chillers outside of the Climate Control Hours shall be charged at $150 per hour, each prorated among those lessees requiring such additional hours of climate control. Any use of the Leased Premises not in accordance with that exceeds the design standards or any arrangement of partitioning which interferes with the normal operation of such system Design Load Standards may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s Lessor's equipment, shall be made by Tenant Lessee at its cost and expense but only with the written consent of Landlord Lessor first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by LandlordLessor. If installation Lessee's use of partitionsthe Leased Premises exceeds the Design Load Standards, equipment or fixtures by Tenant necessitates such excess use may necessitate the re-balancing of the climate control equipment in the Leased Premises. In such event, Landlord Lessor will perform the re-balancing same at Tenant’s Lessee's expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant Lessee hereunder shall be due within ten (10) days of receipt of an invoice from LandlordLessor, which invoice may precede Landlord’s Lessor's expenditure for the benefit of TenantLessee.
Appears in 1 contract
Samples: Sputnik, Inc.
Climate Control. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall provide climate control to the Premises from 7:00 8:00 a.m. to 6:00 7:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays (Saturdays, Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time. Upon request, which rate schedules Landlord shall not include any markup for Landlord. As advise Tenant of the date of mutual execution of this Lease, then current rate schedule and the rate basis for after hours service is $30 per hourits calculation. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one (1) year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten thirty (30) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Samples: Office Lease (Artisoft Inc)
Climate Control. Landlord (a) Lessor shall provide climate control as part of Operating Costs ventilating and air conditioning ("VAC") to the Leased Premises which meets the design load standards ("Design Load Standards") on file in the Building Management Office from 7:00 8:00 a.m. to 6:00 p.m. on weekdays p.m., Monday through Friday and from 9:00 8:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) Saturday (the “Climate Control Hours”"CLIMATE CONTROL HOURS") to maintain a temperature adequate for comfortable occupancy, provided that Landlord Lessor shall have no responsibility or liability for failure to supply climate control VAC service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s Lessor's reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within VAC provided to the Leased Premises at Xxxxxx's request after the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s Xxxxxx's sole cost and expense in accordance with rate schedules promulgated by Landlord Lessor from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant Lessee acknowledges that Landlord Lessor has installed in the Building a system for the purpose of climate control. Initially, the use of fans to circulate outside air or in conjunction with the climate control equipment outside of the Climate Control Hours shall be charged at $24 per each additional fan, and the use of chillers outside of the Climate Control Hours shall be charged at $150 per hour, each prorated among those lessees requiring such additional hours of climate control. Any use of the Leased Premises not in accordance with which exceeds the design standards or any arrangement of partitioning which interferes with the normal operation of such system Design Load Standards may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s Lessor's equipment, shall be made by Tenant Lessee at its cost and expense but only with the written consent of Landlord Lessor first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by LandlordXxxxxx. If installation Xxxxxx's use of partitionsthe Premises exceeds the Design Load Standards, equipment or fixtures by Tenant necessitates such excess use may necessitate the re-balancing of the climate control equipment in the Leased Premises. In such event, Landlord the same will perform the re-balancing be performed by Lessor at Tenant’s Xxxxxx's expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant Lessee hereunder shall be due within ten (10) days of receipt of an invoice from LandlordLessor, which invoice may precede Landlord’s Xxxxxx's expenditure for the benefit of TenantXxxxxx.
Appears in 1 contract
Samples: Letter Agreement (Linuxcare Inc)
Climate Control. Landlord So long as Lessee is not in default under any of the covenants of this Lease, Lessor, as part of Operating Costs, shall provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays (Saturdays, Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord Lessor shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any other cause beyond LandlordLessor’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to TenantXxxxxx’s request shall be at TenantXxxxxx’s sole cost and expense in accordance with rate schedules promulgated by Landlord Lessor from time to time, and which rate schedules shall not include any markup for Landlord. As as of the date of mutual execution of this Lease, the rate for after hours service is Lease has been established at $30 40.00 per hour. Tenant Lessee acknowledges that Landlord Lessor has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by LandlordLessor’s equipment, shall be made by Tenant Lessee at its cost and expense but only with the written consent of Landlord Lessor first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by LandlordXxxxxx. If installation of partitions, equipment or fixtures by Tenant Lessee necessitates the re-balancing of the climate control equipment in the Leased Premises, Landlord the same will perform the re-balancing be performed by Lessor at TenantXxxxxx’s expense. Tenant Xxxxxx acknowledges that up to one year three (3) months may be required after Tenant Xxxxxx has fully occupied the Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant Lessee hereunder shall be due within ten (10) days of receipt of an invoice from LandlordLessor, which invoice may precede LandlordXxxxxx’s expenditure for the benefit of TenantXxxxxx.
Appears in 1 contract
Samples: Office Lease (Itex Corp)
Climate Control. Landlord So long as Lessee is not in default under any of the covenants of this Lease, Lessor shall provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “"Climate Control Hours”") on weekdays (Saturdays, Sundays and Holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord Lessor shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements improvement" or when prevented from so doing by strikes or any cause beyond Landlord’s Lessor's reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s Lessee's request shall be at Tenant’s Lessee's sole cost and expense in accordance with rate schedules promulgated by Landlord Lessor from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant Lessee acknowledges that Landlord Lessor has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s Lessor's equipment, shall be made by Tenant Lessee at its cost and expense but only with the written consent of Landlord Lessor first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by LandlordLessor. If installation of partitions, equipment or fixtures by Tenant Lessee necessitates the re-balancing rebalancing of the climate control equipment in the Leased Premises, Landlord the same will perform the re-balancing be performed by Lessor at Tenant’s Lessee's expense. Tenant Lessee acknowledges that up to one (1) year may be required after Tenant Lessee has fully occupied the Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant Lessee hereunder shall be due within ten (10) days of receipt of an invoice from LandlordLessor, which invoice may precede Landlord’s Lessor's expenditure for the benefit of TenantLessee.
Appears in 1 contract
Samples: Office Lease (Thinking Tools Inc)
Climate Control. Landlord So long as Lessee is not in default under any of the covenants of this Lease, Lessor shall provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. (the "Climate Control Hours") on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Saturdays, Sundays and holidays excepted) (the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancy, provided that Landlord Lessor shall have no responsibility or liability for failure WH Lessor's Lessee's Initials Initials PRET-FSOS.45 to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s Lessor's reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s Lessee's request shall be at Tenant’s xx xx Lessee's sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, which rate schedules shall not include any markup for Landlordxxxxxse at Lessor's cost of service. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant Lessee acknowledges that Landlord Lessor has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s Lessor's equipment, shall be made by Tenant Lessee at its cost and expense but only with the written consent of Landlord Lessor first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by LandlordLessor. If installation of partitionsinstallatiox xx xartitions, equipment or fixtures by Tenant Lessee necessitates the re-balancing of the climate control equipment in the Leased Premises, Landlord the same will perform the re-balancing be performed by Lessor at Tenant’s Lessee's expense. Tenant Lessee acknowledges that up thxx xx to one (1) year may be required after Tenant Lessee has fully occupied the occupxxx xxe Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant Lessee hereunder shall be due within ten (10) days of receipt of an invoice from LandlordLessor, which invoice may precede Landlord’s Lessor's expenditure for the fxx xxx benefit of TenantLessee.
Appears in 1 contract
Climate Control. So long as Tenant is not in default under any of the --------------- covenants of this Lease, Landlord shall provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. (the "Climate Control Hours") on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s 's reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s 's request shall be at Tenant’s 's sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time. Upon request, which rate schedules Landlord shall not include any markup for Landlord. As advise Tenant of the date of mutual execution of this Lease, then current rate schedule and the rate basis for after hours service is $30 per hourits calculation. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s 's equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s 's expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.to
Appears in 1 contract
Samples: Office Lease (Blaze Software Inc)
Climate Control. Landlord shall provide climate control to the Leased Premises from 7:00 8:00 a.m. to 6:00 7:00 p.m. (the “ Climate Control Hours ”) on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Saturdays, Sundays and holidays excepted) (the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control. If Tenant so requests, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any shall provide climate control furnished for to the Leased Premises during periods not within the Climate Control Hours pursuant to Tenant’s request shall be Hours, at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to timeexpense, which rate schedules cost shall not include any markup for Landlord. As be the actual cost of supplying such utilities or, if additional climate control service is provided to portions of the date of mutual execution of this LeaseBuilding in addition to the Leased Premises, the rate for after hours service is $30 per hourcost shall be Tenant’s Proportionate Share of the actual cost of supplying such utilities. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant. Tenant shall have the right to install supplemental air conditioning units in its computer lab, subject to the terms of Article 12 below. Notwithstanding the foregoing, Landlord’s approval shall not be required for the installation of supplemental air conditioning units that (i) are shown on the Preliminary Plans (as defined in the Work Letter), and (ii) do not exceed 114.05 tons per square foot. Such supplemental units shall be maintained and repaired by Tenant, at Tenant’s sole cost and expense.
Appears in 1 contract
Climate Control. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall provide climate control to the Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays and 8:00 a.m. to 12:00 p.m. (i.e. noon) Saturdays (Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time. Upon request, which Landlord shall advise Tenant of the then current rate schedules shall not include any markup schedule and the basis for Landlordits calculation. As of the date of mutual execution of this LeaseLease Reference Date, the rate for after hours service climate control at times other than the Climate Control Hours is Thirty-five Dollars ($30 35.00) per hour, with a two (2) hour minimum. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one (1) year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Samples: Office Lease (Insweb Corp)
Climate Control. Landlord shall provide climate control furnish heat or air conditioning to the Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (during Normal Business Hours of the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancyBuilding as set forth in Article 1, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond as required in Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant acknowledges that Landlord has installed in the Building a system judgment for the purpose of climate control. Any comfortable use and occupancy of the Premises not and otherwise in accordance with the design standards attached hereto as Exhibit J (such standards being referred to herein as “XXXX” or “XXXX standards”). If Tenant requires heat or air conditioning at any other time (“After Hours Services”), Landlord shall use reasonable efforts to furnish such After Hours Services upon at least twenty-four (24) hours advance notice by Tenant, and Tenant shall pay Landlord, as Additional Rent, the then current rate for such After Hours Services that is applicable to office tenants of the Building generally. The current estimated rate for After Hours Services is Fifty Dollars ($50.00) per hour, which rate is subject to change from time to time in Landlord’s sole, but reasonable discretion. The performance by Landlord of its obligations under this Article 7 is subject to Tenant’s compliance with the terms of this Lease regarding any connected electrical load reasonably established by Landlord, and Landlord shall promptly notify Tenant of any respect in which Landlord reasonably believes Tenant is not so complying. Tenant shall not use the Premises or any arrangement part thereof in a manner exceeding the heating, ventilating or air-conditioning (“HVAC”) design conditions (including any occupancy or connected electrical load conditions) set forth in XXXX, including the rearrangement of partitioning which interferes may interfere with the normal operation of the HVAC equipment, or the use of computer or data processing machines or other machines or equipment in excess of the capacities (if any) and standards set forth in XXXX. If any such system may require use of the Premises by Tenant requires changes or alterations in the system HVAC or ducts through which plumbing systems or controls servicing the climate control system operates. Any changes Premises or alterations so occasionedportions thereof in order to provide comfortable occupancy in accordance with XXXX standards, if such changes can be accommodated by Landlord’s equipment, shall may be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, Landlord will perform the re-balancing at Tenant’s expense, and Tenant agrees to promptly pay any such amount to Landlord as Additional Rent. If Tenant acknowledges that up to one year may be required after Tenant has fully occupied shall install supplemental HVAC equipment in the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder serve its needs, chilled water/condenser water shall be due within ten days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenantmade available to Tenant in accordance with XXXX standards.
Appears in 1 contract
Climate Control. Landlord shall provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays (Saturdays, Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate Fan service for after Climate Control Hours must be requested with 24 hours prior notice. Full HVAC service must be requested with 48 hours notice. A four hour minimum is $30 per hourcharged for fan or HVAC service. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one (1) year may be required after Tenant has fully occupied the Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant. Landlord shall not be responsible for any supplemental heating, air-conditioning or ventilation system installed for service to the server room in the Leased Premises or that is not part of the Building’s Systems and Equipment. Tenant, at its expense, shall be response for the repair, maintenance and replacement of such supplemental heating, air-conditioning and ventilation system.
Appears in 1 contract
Climate Control. Landlord shall will provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) during Normal Business Hours to maintain a temperature adequate for comfortable occupancy, except during the making of repairs, alterations or improvements Landlord shall take commercially reasonable steps to minimize the impact of any such repairs, alterations, or improvements during Normal Business Hours and provided that the Landlord shall will have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements stopped as aforesaid or when prevented from doing so doing by strikes strikes, governmental action or any cause beyond the Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice including failure of any failure or interruption of service from Tenantutility company to provide the Building with appropriate utility service. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. The Tenant acknowledges that the Landlord has installed in the Building a system for the purpose of climate control, which system is designed to heat and cool during normal occupancy of the Leased Premises as general offices based upon the window shading being fully closed in those offices having exterior windows exposed to the sun and without regard to the Tenant’s specific use thereof or the installation of any computers or data processing equipment. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system same operates. Any changes or alterations so occasioned, if as such changes can be accommodated by the Landlord’s equipment, shall will be made by the Tenant at its cost and expense but only with the prior written consent of the Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by the Landlord, at Tenant’s cost and expense. If installation of partitions, equipment or fixtures by the Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by the Landlord will perform the re-balancing at Tenant’s expenseexpense as Additional Rental payable on demand. The Tenant acknowledges that up to one year may be required after the Tenant has fully occupied the Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Samples: Office Lease (M Wave Inc)
Climate Control. Landlord Lessor shall provide climate control as part of Operating Costs ventilating and air conditioning ("VAC") to the Leased Premises from 7:00 8:00 a.m. to 6:00 p.m. on weekdays p.m., Monday through Friday and from 9:00 8:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) Saturday (the “"Climate Control Hours”") to maintain a temperature adequate for comfortable occupancy, provided that Landlord Lessor shall have no responsibility or liability for failure to supply climate control VAC service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s Lessor's reasonable control, so long control or as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenantprovided in Section 13.6. Any climate control furnished for periods not within VAC provided to the Leased Premises at Lessee's request after the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s Lessee's sole cost and expense in accordance with rate schedules promulgated by Landlord Lessor from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant Lessee acknowledges that Landlord Lessor has installed in the Building a system for the purpose of climate control. Initially, the use of fans to circulate outside air or in conjunction with the climate control equipment outside of the Climate Control Hours shall be charged at Twenty-Four Dollars ($24) per hour for each additional fan, and the use of chillers outside of the Climate Control Hours shall be charged at One Hundred Fifty Dollars ($150) per hour, each prorated among those lessees requiring such additional hours of climate control. Any use of the Leased Premises not in accordance with which exceeds the Building design load standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s Lessor's equipment, shall be made by Tenant Lessee at its cost and expense but only with the written consent of Landlord Lessor first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by LandlordLessor. If installation Lessee's use of partitionsthe Leased Premises exceeds the Building design load standards, equipment or fixtures by Tenant necessitates such excess use may necessitate the re-balancing of the climate control equipment in the Leased Premises. In such event, Landlord the same will perform the re-balancing be performed by Lessor at Tenant’s Lessee's expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant Lessee hereunder shall be due within ten (10) days of receipt of an invoice from LandlordLessor, which invoice may precede Landlord’s Lessor's expenditure for the benefit of TenantLessee.
Appears in 1 contract
Samples: MCB Financial Corp
Climate Control. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall provide climate control to the Leased Premises from 7:00 8:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays (Saturdays, Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this LeaseLease Reference Date, the rate for after hours service climate control at times other than the Climate Control Hours is Forty Dollars ($30 40.00) per hour, with a two (2) hour minimum. Upon request, Landlord shall advise Tenant of the then current rate schedule. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten thirty (30) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Climate Control. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall provide climate control to the Premises from 7:00 a.m. to 6:00 7:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays and 9:00 a.m. to 1:00 p.m. Saturdays (Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time. Upon request, which Landlord shall advise Tenant of the then current rate schedules shall not include any markup schedule and the basis for Landlordits calculation. As The current rate as of the date of mutual execution this Lease for after-hour usage of this Lease, the rate for after hours service HVAC is $30 65.00 per hourhour or portion thereof. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one (1) year may be required after Tenant has fully occupied the Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) business days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Samples: Office Lease (Sphere 3D Corp)
Climate Control. Landlord shall provide climate control furnish heat or air conditioning to the Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (during Normal Business Hours of the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancyBuilding as set forth in Article 1, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond as required in Landlord’s reasonable controljudgment for the comfortable use and occupancy of the Premises. Provided that Tenant’s mechanical contractor correctly engineers the Premises, so long as Landlord’s provision of heat and air conditioning within the following ranges will be deemed to satisfy the requirement for comfortable use and occupancy of the Premises set forth in the preceding sentence: Winter outdoor condition: 20 degrees F dry bulb, ASHRAE 99 percentile. Winter indoor condition: 70 degrees F plus or minus 3 degrees. Summer outdoor condition: 91 degrees F dry bulb, ASHRAE 1 percentile, 77 degrees F wet bulb, ASHRAE 1 percentile. Summer indoor condition: 75 degrees F plus or minus 3 degrees 50 percent relative humidity plus or minus 10 percent. The Building system is designed with flexible multiple zones. Landlord uses acknowledges that Tenant will require that certain server areas in the Premises have 24 hour HVAC service provided by supplemental cooling units supplied by Tenant and that there will be no additional after hours HVAC charges for operating these supplemental units. If Tenant requires heat or air conditioning at time other than Normal Business Hours (“After Hours Services”), Landlord shall use reasonable and diligent efforts to restore service furnish such After Hours Services upon at least twenty-four (24) hours advance notice by Tenant and minimize any interruptions after receiving notice Tenant shall pay [*] and [*] Dollars ($[*]) per hour for such After Hours Services, except as otherwise set forth above. The performance by Landlord of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant its obligations under this Article is subject to Tenant’s request shall be at Tenant’s sole cost and expense in accordance compliance with rate schedules promulgated the terms of this Lease including any connected electrical load established by Landlord from time to time, which rate schedules Landlord. Tenant shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service is $30 per hour. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Premises not in accordance with the design standards or any arrangement part thereof in a manner exceeding the heating, ventilating or air-conditioning (“HVAC”) design conditions (including any occupancy or connected electrical load conditions), including the rearrangement of partitioning which interferes may interfere with the normal operation of the HVAC equipment, or the use of computer or data processing machines or other machines or equipment in excess of that normally required for a standard office use of the Premises. If any such system may require use requires changes or alterations in the system HVAC or ducts through which the climate control system operates. Any changes plumbing systems or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one year may be required after Tenant has fully occupied controls servicing the Premises or portions thereof in order to adjust and balance the climate control systems. Any charges to provide comfortable occupancy, such changes shall be paid determined by Tenant hereunder shall be due within ten days of receipt of an invoice from and Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Samples: Lease and Lease Termination Agreement (Salix Pharmaceuticals LTD)
Climate Control. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) on weekdays and 9:00 a.m. to 1:00 p.m. Saturdays (Sundays and holidays excepted) to maintain a temperature adequate for comfortable occupancy, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time. Upon request, which rate schedules Landlord shall not include any markup for Landlord. As advise Tenant of the date of mutual execution of this Lease, then current rate schedule and the rate basis for after hours service is $30 per hourits calculation. Tenant acknowledges that Landlord has installed in the Building a system for the purpose of climate control. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system operates. Any changes or alterations so occasioned, if such changes can be accommodated by Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by Landlord will perform the re-balancing at Tenant’s expense. Tenant acknowledges that up to one (1) year may be required after Tenant has fully occupied the Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten (10) days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Climate Control. Landlord shall provide climate control furnish heat or air conditioning to the Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (during Normal Business Hours of the “Climate Control Hours”) to maintain a temperature adequate for comfortable occupancyBuilding as set forth in Article 1, provided that Landlord shall have no responsibility or liability for failure to supply climate control service when making repairs, alterations or improvements or when prevented from so doing by strikes or any cause beyond as required in Landlord’s reasonable controljudgment for the comfortable use and occupancy of the Premises. If Tenant requires heat or air conditioning at any other time, so long as Landlord uses shall use commercially reasonable and diligent efforts to restore furnish such service and minimize any interruptions after receiving upon reasonable notice of any failure or interruption of service from Tenant, and Tenant shall pay all reasonable, actual, and documented costs of providing said services of Landlord’s charges therefor on demand as Additional Rent. Any climate control furnished All requests for periods not within overtime air conditioning or heating must be submitted in writing to the Climate Control Hours pursuant Building management office by 5:00 p.m. on the preceding business day. Overtime air conditioning and heat will be charged to Tenant’s request shall be Tenant at Tenant’s sole cost and expense in accordance with the then current rate schedules promulgated being charged by Landlord from time to timeLandlord, which rate schedules shall not include any markup for Landlord. As of the date of mutual execution of this Lease, the rate for after hours service currently is $30 45.00 per hour. Tenant acknowledges agrees to reimburse Landlord its costs of providing said overtime air conditioning and heat; however, such cost will be reduced to the extent that any other tenant has requested the same service. The performance by Landlord has installed in of its obligations under this Article is subject to Tenant’s compliance with the Building terms of this Lease including any connected electrical load 24 hours / 7 days a system for the purpose week (four and one-half (4.5) xxxxx of climate controlpower, slab to slab) established by Landlord. Any Tenant shall not use of the Premises not in accordance with the design standards or any arrangement part thereof in a manner exceeding the heating, ventilating or air-conditioning (“HVAC”) design conditions (including any occupancy or connected electrical load conditions), including the rearrangement of partitioning which interferes may interfere with the normal operation of the HVAC equipment, or the use of computer or data processing machines or other machines or equipment in excess of that normally required for a standard office use of the Premises. If any such system may require use requires changes or alterations in the system HVAC or ducts through which plumbing systems or controls servicing the climate control system operates. Any changes Premises or alterations so occasionedportions thereof in order to provide comfortable occupancy, if such changes can may be accommodated mutually agreed to by Tenant and Landlord’s equipment, shall be made by Tenant at its cost and expense but only with the written consent of Landlord first had and obtained, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by Landlord. If installation of partitions, equipment or fixtures by Tenant necessitates the re-balancing of the climate control equipment in the Premises, Landlord will perform the re-balancing at Tenant’s expense. expense and, if so made, Tenant acknowledges that up agrees to one year may be required after Tenant has fully occupied the Premises in order promptly pay any such amount to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of TenantLandlord as Additional Rent.
Appears in 1 contract
Samples: Office Lease (TRX Inc/Ga)
Climate Control. The Landlord shall provide climate control to the Leased Premises from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays (Sundays and holidays excepted) (the “Climate Control Hours”) during Normal Business Hours to maintain a temperature adequate for comfortable occupancy, except during the making of repairs, alterations or improvements and provided that the Landlord shall have no responsibility or liability for failure to supply climate control service when making repairsexcept for direct damages suffered by the Tenant, alterations or improvements or when prevented from so doing where such damages are caused by strikes or any cause beyond Landlord’s reasonable control, so long as Landlord uses reasonable and diligent efforts to restore service and minimize any interruptions after receiving notice the gross negligence of any failure or interruption of service from Tenant. Any climate control furnished for periods not within the Climate Control Hours pursuant to Tenant’s request shall be at Tenant’s sole cost and expense in accordance with rate schedules promulgated by Landlord from time to time, which rate schedules shall not include any markup for Landlord. As Under no circumstances, however, shall the Landlord be responsible or liable for indirect or consequential damages even if caused or contributed to by the gross negligence of the date of mutual execution of this Lease, the rate Landlord or those for after hours service whom it is $30 per hourin law responsible. The Tenant acknowledges that the Landlord has installed in the Building a system for the purpose of climate control, which system is designed to heat and cool during normal occupancy of the Leased Premises as general offices on the basis of one person to every one hundred and twenty (120) square feet of space on an open floor basis and based on window shading being fully closed In those areas having exterior windows exposed to the sun and without regard to the Tenant's specific use thereof or the installation of any computers or data processing equipment. Any use of the Leased Premises not in accordance with the design standards or any arrangement of arrangements or partitioning which interferes with the normal operation of such system may require changes or alterations in the system or ducts through which the climate control system same operates. Any changes or alterations so occasioned, if such changes can be accommodated by the Landlord’s 's equipment, shall be made by Tenant carried out in accordance with Section 26.01 at its the Tenant's sole cost and expense but only with the written consent of the Landlord first had and obtained, which consent may be withheld by the Landlord in its sole discretion, and in accordance with drawings and specifications /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials and by a contractor first approved in writing by the Landlord, which approval may be withheld by the Landlord in its sole discretion. If installation of partitions, equipment or fixtures by the Tenant necessitates the re-balancing of the climate control equipment in the Leased Premises, the same will be performed by the Landlord will perform at the re-balancing at Tenant’s 's expense. The Tenant acknowledges that up to one (1) year may be required after the Tenant has fully occupied the Leased Premises in order to adjust and balance the climate control systems. Any charges to be paid by Tenant hereunder shall be due within ten days of receipt of an invoice from Landlord, which invoice may precede Landlord’s expenditure for the benefit of Tenant.
Appears in 1 contract
Samples: It Staffing LTD