Common use of Extra Services Clause in Contracts

Extra Services. If Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided services in excess of that required for normal and customary office use (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area), the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 2 contracts

Samples: Lease (Premier, Inc.), Lease (Premier, Inc.)

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Extra Services. If Landlord may provide to Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided services in excess of that required for normal at Tenant’s sole cost and customary office use expense (it being understood that Landlord considers and subject to the limitations hereinafter set forth) the following factors extra services: (a) Such extra cleaning and janitorial services requested by Xxxxxx; (b) Intentionally Omitted; (c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to be significant indicators that electrical consumption may be in excess the provisions of normal and customary office use (i.e.Section 4.2(g) hereof, “above standard”): provided by Landlord to Tenant (i) heavy, intense and/or dedicated plug loads during hours other than the Building hours of operation specified in rooms, closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment rules and regulations for the Building adopted pursuant to Section 5.5(c) herein and 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the temperature prior written request of Tenant submitted during business hours to Landlord at least 24 hours in a specific area advance of the Premises exceeds 78° F dry bulb on time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates); (d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements); (e) Repair and maintenance service which is the obligation of Tenant under this Lease; (f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a recurring basis due result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and (g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s surrounding equipment or activities in or near such area)use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the costs Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services shall be excluded from Operating Costs, and by the local public utility) shall be paid by Tenant to Landlord as upon receipt by Tenant of a xxxx xxxxxxxx. The cost chargeable to Tenant for all extra services shall constitute Additional Rent within thirty and shall include a management fee payable to Landlord of ten percent (30) days of receipt of an invoice for such costs from Landlord10%). HVAC and lighting required by Tenant during non-Business Hours Additional Rent shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid monthly by Tenant to Landlord as Additional concurrently with the payment of Base Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 2 contracts

Samples: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)

Extra Services. If Landlord may provide to Tenant uses in Landlord's discretion and at Xxxxxx's cost and expense (and subject to the limitations hereinafter set forth) the additional services described below ("Extra Services"). Tenant shall pay Landlord for the cost (including capital costs, out of-pocket expenses and the allocated cost of Landlord's employees) of providing any Extra Services, together with an administrative fee equal to seven and one- half percent (7.5%) of such cost, within thirty (30) days following presentation of an invoice therefor by Landlord to Tenant. Landlord shall not charge the administrative fee on the services described in Sections 5.4(b) and 5.4(c) or --------------- ----- for the cost of extra janitorial services because of either non-Business Hours use that are provided under a separate contract between Tenant and the janitorial service. The cost chargeable to Tenant for Extra Services shall constitute Rent. (a) Any extra cleaning and janitorial services requested by Tenant or high electricity installations or if required for the Tenant uses any Landlord-provided services Improvements, in excess of that required for normal Building Standard Improvements; provided that Tenant may contract separately with Landlord's janitorial provider for extra janitorial services at Tenant's expense. (b) Additional air conditioning and customary office use (it being understood that Landlord considers ventilating capacity required by reason of any electrical, data processing or other equipment or facilities or services required to support the following factors to be significant indicators that electrical consumption may be same, in excess of normal and customary office use that which would be required for Building Standard Improvements. (i.e.c) Heating, “above standard”): (i) heavyventilation, intense and/or dedicated plug loads in rooms, closets air conditioning or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding extra electrical equipment or activities service during hours other than Normal Office Hours. Landlord shall provide said heating, ventilation and air conditioning or extra service solely upon the prior request of Tenant given in or near such area), compliance with the costs of such services shall be excluded notice requirements and procedures that Landlord may establish from Operating Costs, and shall be paid by Tenant time to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlordtime. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred hourly rate established by Landlord but shall not be required to pay an administrative fee for such after-hours HVAC or electricity. (d) Repair and maintenance for which Xxxxxx is responsible hereunder. (e) Any Basic Service in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per flooramounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 5.1, but such charge is subject to increase based on increased costs incurred by ----------- only if Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort elects to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(cadditional or excess service. (f) herein, Tenant shall not place Any other item described in this Lease as an Extra Service or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. which Landlord is not obligated required to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost as part of such services is paid by Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such servicesBasic Services.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

Extra Services. If Landlord shall provide to Tenant uses at Tenant's sole cost -------------- and expense (and subject to the limitations hereinafter set forth) the following: (a) Such extra cleaning and janitorial services because required by reason of either non-Business Hours use or high electricity installations or if any Tenant uses any Landlord-provided services Improvements in excess of that which would be required for normal Building Standard Improvements; (b) Additional air conditioning and customary office use (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess ventilating capacity required by reason of normal and customary office use (i.e.any electrical, “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets data processing or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in facilities or near such area)services required to support the same, the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that which would be required for normal Building Standard Improvements; (c) Maintaining and customary office usereplacing above Building Standard lamps, bulbs, and none ballasts after initial installation; (d) Heating, ventilation, air conditioning or extra electrical service provided by Landlord to Tenant (i) during hours other than normal business hours, (ii) on Saturdays (after normal business hours), Sundays, or holidays, said heating, ventilation and air conditioning or extra service to be furnished solely upon the prior request of Tenant; (e) Repair and maintenance service which is the equipment obligation of Tenant hereunder; (f) Any Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 4.01.(b), but only if Landlord elects to provide such additional or machinery placed in the Premises by excess service. Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. pay Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of providing such additional services, together with an administration fee equal to ten percent (10%) of such cost (which administration fee shall be used by Landlord to reduce Operating Expenses for all tenants of the Building), within ten (10) days following presentation of an invoice therefor by Landlord to Tenant. The cost chargeable to Tenant for all extra services is paid by Tenant to Landlord as shall constitute Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 1 contract

Samples: Office Building Lease (Actuate Corp)

Extra Services. If Landlord shall provide to Tenant uses at Tenant’s sole cost and expense at standard Building charges in effect from time to time (and subject to the limitations hereinafter set forth) the following: (a) Heating, ventilation, air conditioning or extra service (i) during hours other than Business Hours, and (ii) on days other than Business Days, said heating, ventilation and air conditioning or extra service to be furnished solely upon the prior written request of Tenant given with such advance notice as Landlord may reasonably require; (b) Additional air conditioning and ventilating capacity or chilled and/or condenser water required by reason of any electrical, data processing or other equipment or facilities or services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided services required to support the same, to the extent in excess of that which would be required for normal Building Standard Improvements; (c) Repair and customary office maintenance which is the obligation of Tenant hereunder, if so requested by Tenant; (d) Additional cleaning and janitorial services to the extent the quality, quantity or use of Tenant Improvements are not consistent with Building Standard Improvements and require materially more service; (it being understood that Landlord considers e) Additional electricity above the following factors standards specified in the parenthetical in Section 3.01(a)(v), in which case Tenant shall pay to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e.Landlord, “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area)as Additional Rent, the costs of such services additional electricity usage (at then applicable utility company rates) based either on a separate meter or meters measuring such electrical consumption or on a reasonable determination by Landlord’s engineer as to the level of electrical consumption in the Leased Premises, which determination shall be excluded from Operating Costs, conclusive and binding on the parties. Tenant shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days responsible for the costs of receipt of an invoice installing such meters and all electrical equipment reasonably required for such costs from Landlordadditional electricity usage. HVAC and lighting required by Tenant during non-Business Hours All work necessary for such installation shall be supplied upon request by Tenant’s use done in accordance with the requirements of an override system Section 4.02 (regarding Tenant Improvements). (f) Maintenance and replacement of initial lamps, bulbs, starters and ballasts; (g) Any Basic Service in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred amounts reasonably determined by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated amounts required to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this under Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services3.01(a).

Appears in 1 contract

Samples: Lease (NewStar Financial, Inc.)

Extra Services. Except as expressly set forth herein, Tenant shall have no right to any services in excess of those provided herein; however: (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s); (iv) If Tenant uses extra services because installs or operates a server room or supplemental HVAC units or other forms of either nonhigh-Business Hours use consumption equipment or high areas, Landlord will have the right to install, at Tenant’s sole cost and expense, a separate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and to require that Tenant pay Landlord directly for the electricity installations consumed in such areas or by such equipment, on a monthly basis, within ten (10) days after the delivery and an invoice from Landlord. (v) if Tenant uses any Landlord-provided other services in an amount or for a period in excess of that required provided for normal and customary office use (it being understood that herein, then Landlord considers reserves the following factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in charge Tenant as additional Rent hereunder a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area), the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to Landlord reasonable sum as Additional Rent within thirty (30) days of receipt of an invoice reimbursement for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by added service, and to charge Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the same remedies it has upon additional services, and/or to discontinue providing such excess services to Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 1 contract

Samples: Office Lease Agreement (Velti PLC)

Extra Services. If Landlord shall provide to Tenant uses at Tenant’s sole cost and expense at standard Building charges in effect from time to time (which, in the case of services described in subparagraph (e) below shall be at Landlord’s actual cost and in the case of each of the other subparagraphs below at Landlord’s actual cost plus Landlord’s prevailing, reasonable administrative charges) and subject to the limitations hereinafter set forth, the following: (a) Heating, ventilation, air conditioning or extra service provided by Landlord to Tenant (i) during hours other than Business Hours, (ii) on days other than Business Days, said heating, ventilation and air conditioning or extra service to be furnished solely upon the prior written request of Tenant given with such advance notice as Landlord may reasonably require in a manner consistent with the standard of operating first-class high-rise office towers in downtown Boston (which is currently before 2:00 p.m. on any Business Day for after-hours HVAC service on such day and before 2:00 p.m. on Friday for after-hours HVAC service for the weekend); (b) Additional air conditioning and ventilating capacity or chilled and/or condenser water required by reason of any electrical, data processing or other equipment or facilities or services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided services required to support the same, in excess of that which would be required for normal Building Standard Improvements; (c) Repair and customary office maintenance which is the obligation of Tenant hereunder; (d) Additional cleaning and janitorial services required if the quality, quantity or use of Tenant Extra Improvements are not consistent with Building Standard Improvements and require more service; (it being understood that Landlord considers e) Additional electricity above the following factors to be significant indicators that electrical consumption may be standards specified in excess of normal Sections 3.01(b)(v) and customary office use (i.e.vi), “above standard”): in which case Tenant, at Tenant’s option, shall either (i) heavyinstall, intense and/or dedicated plug loads at its sole cost and expense, a separate meter or meters for its electrical consumption, and all work necessary for such installation shall be done in roomsaccordance with the requirements of Section 4.02 (regarding Tenant Improvements), closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb agree to pay to Landlord all additional costs associated with such additional electrical service, based on a recurring basis due determination by Landlord’s engineer as to Tenant’s surrounding equipment or activities the level of electrical consumption in or near such areathe Leased Premises, which determination shall be conclusive and binding on the parties; (f) Maintenance and replacement of initial lamps, bulbs, starters and ballasts; (g) Any Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 3.01(b), the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to but only if Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort elects to provide such non-Business Hours HVAC and lighting service at a reduced rate compared additional or excess service. The cost chargeable to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant for all extra services shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant to Landlord as constitute Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 1 contract

Samples: Sublease Agreement (NewStar Financial, Inc.)

Extra Services. If Landlord shall provide to Tenant uses at Tenant’s sole cost and expense at standard Building charges in effect from time to time (and subject to the limitations hereinafter set forth) the following: (a) Heating, ventilation, air conditioning or extra service (i) during hours other than Business Hours, and (ii) on days other than Business Days, said heating, ventilation and air conditioning or extra service to be furnished solely upon the prior written request of Tenant given with such advance notice as Landlord may reasonably require; (b) Additional air conditioning and ventilating capacity or chilled and/or condenser water required by reason of any electrical, data processing or other equipment or facilities or services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided services required to support the same, to the extent in excess of that which would be required for normal Building Standard Improvements; (c) Repair and customary office use maintenance which is the obligation of Tenant hereunder, if so requested by Tenant; (it being understood d) Additional cleaning and janitorial services to the extent that Landlord considers the following factors quality, quantity, or scope of such services exceeds the building-standard level of services provided to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas tenants of the Premises served by Supplemental HVAC Equipment or Office Section generally. (e) Additional electricity above the standards specified in the parenthetical in Section 3.01(a)(v), in which Landlord has a right case Tenant shall pay to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area)Landlord, as Additional Rent, the costs of such services additional electricity usage (at then applicable utility company rates) based either on a separate meter or meters measuring such electrical consumption or on a reasonable determination by Landlord’s engineer as to the level of electrical consumption in the Leased Premises, which determination shall be excluded from Operating Costs, conclusive and binding on the parties. Tenant shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days responsible for the costs of receipt of an invoice installing such meters and all electrical equipment reasonably required for such costs from Landlordadditional electricity usage. HVAC and lighting required by Tenant during non-Business Hours All work necessary for such installation shall be supplied upon request by Tenant’s use done in accordance with the requirements of an override system Section 4.02 (regarding Tenant Improvements). (f) Maintenance and replacement of initial lamps, bulbs, starters and ballasts; (g) Any Basic Service in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred amounts reasonably determined by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated amounts required to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this under Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services3.01(a).

Appears in 1 contract

Samples: Lease (NewStar Financial, Inc.)

Extra Services. If Landlord shall provide to Tenant uses at Tenant’s sole cost and expense at standard Building charges in effect from time to time (which, in the case of services described in subparagraphs (a), (b) and (e) below shall be reimbursed by Tenant without profit to the Landlord, and which in all cases shall be reasonably consistent with amounts charged by Landlords of other first class office buildings in the City of Boston providing such extra services) and subject to the limitations hereinafter set forth, the following: (a) Heating, ventilation, air conditioning or extra service provided by Landlord to Tenant (i) during hours other than Business Hours, or (ii) on days other than Business Days, said heating, ventilation and air conditioning or extra service to be furnished solely upon the prior request of Tenant given with such advance notice as Landlord may reasonably require (but not exceeding one (1) Business Day); (b) Additional air conditioning and ventilating capacity or chilled and/or condenser water required by reason of any electrical, data processing or other equipment or facilities or services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided services required to support the same, in excess of that which would be required for normal Building Standard Improvements; (c) Repair and customary office maintenance which is the obligation of Tenant hereunder; (d) Additional cleaning and janitorial services if the quality, quantity or use of Tenant Extra Improvements are not consistent with Building Standard Improvements and require more service; (it being understood that Landlord considers e) Additional electricity above the following factors standards specified in Section 3.01(a)(v), in which case Tenant shall pay to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e.Landlord, “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area)as Additional Rent, the costs of such services additional electricity usage based either on a separate meter or meters measuring such electrical consumption or (if such space is not separately metered) on the reasonable determination from time to time by Landlord’s engineer (or, if Tenant so requests, at Tenant’s expense by an independent engineer reasonably acceptable to the parties) as to the level of electrical consumption in the Leased Premises. Tenant shall be excluded from Operating Costs, responsible for the costs of installing such meters and all electrical equipment reasonably required for such additional electricity usage. All work necessary for such installation shall be paid by done in accordance with the requirements of Section 4.06 (regarding Tenant to Landlord as Additional Rent within thirty Improvements). (30f) days Maintenance and replacement of receipt of an invoice for such costs from Landlord. HVAC initial lamps, bulbs, starters and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system ballasts; (g) Any Basic Service in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred amounts determined by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floorto exceed the amounts required to be provided under Section 3.01(a), but such charge is subject to increase based on increased costs incurred by only if Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort elects to provide such non-Business Hours HVAC and lighting service at a reduced rate compared additional or excess service. The cost chargeable to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant for all extra services shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant to Landlord as constitute Additional Rent. If the same extra service is provided to Tenant and other tenants (such as regularly scheduled, above-standard cleaning services), Tenant’s failure share shall equal the total cost thereof multiplied by the quotient of the Net Rentable Area of the Leased Premises over the total Net Rentable Areas of all areas to pay which such extra service is provided. Landlord may include the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.estimated monthly

Appears in 1 contract

Samples: Lease (Houghton Mifflin Co)

Extra Services. If Except as expressly set forth herein, Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses shall have no right to any Landlord-provided services in excess of that required for normal and customary office use (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): those provided herein; however: (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas of Tenant shall have the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served receive HVAC service during hours other than Building Service Hours by Supplemental paying Landlord’s then standard, commercially reasonable, charge for additional HVAC Equipment pursuant to Section 5.5(c) herein service and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near providing such area), the costs of such services shall be excluded from Operating Costs, and shall be paid prior notice as is reasonably specified by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours after hours HVAC and lighting service as of Effective Date is $17.00 260 per hour per floor, but such charge and $65 per hour per zone. Charges for fans only as of the Effective Date is $80 per hour per floor, and $20 per hour per zone. All of the foregoing charges are subject to increase based on increased costs incurred change by Landlord in providing during the same throughout Term; (ii) if Tenant is permitted to connect any supplemental HVAC units to the Lease TermBuilding’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant determines that it will need is using electricity in such quantities or during such periods as to use HVAC and lighting service cause the total cost of Tenant’s electrical usage, on a regular and sustained basis during non-Business Hoursmonthly, per rentable square foot basis, to exceed that which Landlord agrees reasonably deems to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to be standard for the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) hereinBuilding, Tenant shall not place pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s); (iv) If Tenant installs or operate in the Premises any electrically operated operates a server room which requires a supplemental HVAC unit(s) or otherwise installs supplemental HVAC units or other forms of high-consumption equipment or other machineryareas, other than machinery and equipment normally used in officesLandlord will have the right to install, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s requestsole cost and expense, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant a separate electrical meter to Landlord as Additional Rent. measure Tenant’s failure electrical consumption in such areas or from such equipment and to require that Tenant pay Landlord directly for the correct charges required electricity consumed in such areas or by this Section 5.1(b) such equipment, on a monthly basis, within thirty (30) days after receiving the delivery and an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or from Landlord. (v) if Tenant uses any other charges due under this Lease and services in an amount or for a period in excess of that provided for herein, then Landlord reserves the right to terminate charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the cost of such added services, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such servicesexcess services to Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (RPX Corp)

Extra Services. If Except as expressly set forth herein, Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses shall have no right to any Landlord-provided services in excess of those provided herein; however: (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then-standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. Landlord’s current standard charge for after hours HVAC service is as follows: $75.00 per hour for fans only, $105.00 per hour (plus engineering and labor costs, if any) for heating and $170.00 per hour (plus engineering and labor costs, if any) for cooling, with a minimum of four (4) hours in each case. The foregoing charges are subject to change from time to time to the extent necessary to meet changes in Landlord’s cost of providing such service. Any such increased charge shall be based upon the actual cost of electricity consumed by the Building’s HVAC equipment and Landlord’s reasonable, good faith estimate of the cost of increased maintenance and wear and tear on the Building’s HVAC equipment plus such after-hours usage, and labor costs, if any, related to the provision of such after-hours HVAC service. (ii) If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. Notwithstanding the foregoing to the contrary, Landlord will make available for Tenant’s use a condenser water riser connecting with the Building’s rooftop cooling tower connected to one (1) floor of the Premises selected by Tenant in order to service Tenant’s supplemental HVAC unit(s), with the capacity of ten (10) tons. Such condenser water will be made available to Tenant at no additional cost, except that required for normal Tenant will bear the cost of tapping into the Building’s condenser water loop, and customary office use (it being understood that Landlord considers the following factors to be significant indicators that of any electrical consumption may associated with the operation of any such supplemental HVAC unit, as described in Section 12(b)(iv) below. (iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant’s electrical usage for the Premises exceeds, in any calendar month, the product of one and two-tenths (1.20) kilowatt hours multiplied by the number of rentable square feet of area in the Premises (other than any areas described in clause (iv) below, which will be separately metered) (the “Electrical Allowance”), Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if Tenant’s electrical usage exceeds the Electrical Allowance more than three times in any calendar year, then Tenant shall also reimburse Landlord for the cost of purchasing, installing, operating and maintaining the measuring device(s); (iv) If Tenant installs or operates a server room or other form of high consumption area, Landlord will require that Tenant, at Tenant’s sole cost and expense, install a separate electrical meter to measure Tenant’s electrical consumption in such area(s); if Landlord determines, on the basis of the readings of electrical consumption from such meter, that Tenant’s electrical consumption in such area(s) exceed the Electrical Allowance, Tenant will pay to Landlord directly for the cost of electricity consumed in such areas or by such equipment in excess of normal and customary office use (i.e.the Electrical Allowance, “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area)monthly basis, the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving the delivery of an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or from Landlord. (v) If Tenant uses any other charges due under this Lease and services in an amount or for a period in excess of that provided for herein, then Landlord reserves the right to terminate charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the cost of such added services, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such servicesexcess services to Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Del Monte Foods Co)

Extra Services. If Except as expressly set forth herein, Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses shall have no right to any Landlord-provided services in excess of that required for normal and customary office use (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): those provided herein; however: (i) heavy, intense and/or dedicated plug loads in rooms, closets or Tenant shall have the right to receive HVAC service during hours other areas than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. The charge for after hours HVAC service as of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area), the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting Effective Date is $17.00 260 per hour per floor, but such and $65 per hour per zone. The charge for fans only as of the Effective Date is $80 per hour per floor, and $20 per hour per zone. All of the foregoing charges are subject to increase based on increased costs incurred change by Landlord in providing during the same throughout Term; (ii) if Tenant is permitted to connect any supplemental HVAC units to the Lease TermBuilding’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant determines that it will need is using electricity in such quantities or during such periods as to use HVAC and lighting service cause the total cost of Tenant’s electrical usage, on a regular and sustained basis during non-Business Hoursmonthly, Landlord agrees per rentable square foot basis, to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to exceed the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) hereinStandard Electricity Allocation, Tenant shall not place pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s); (iv) If Tenant installs or operate in the Premises any electrically operated operates a server room or supplemental HVAC units or other forms of high-consumption equipment or other machineryareas, other than machinery Landlord will have the right to install, at Tenant’s sole cost and equipment normally used in offices, including, but not limited toexpense, a server roomseparate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and to require that Tenant pay Landlord directly for the electricity consumed in such areas or by such equipment, state-of-the-art communications systems and on a monthly basis, within ten (10) days after the delivery of an invoice from Landlord; and (v) if Tenant uses any other equipment requiring electrical capacity services in an amount or for a period in excess of that required provided for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided then Landlord reserves the right to charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the cost of such services is paid by added services, and to charge Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the same remedies it has upon additional services, and/or to discontinue providing such excess services to Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 1 contract

Samples: Office Lease Agreement (Velti PLC)

Extra Services. If Except as expressly set forth herein, Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses shall have no right to receive from Landlord any Landlord-provided services in excess of that required for normal and customary office use (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): those provided herein; however: (i) heavyIf Tenant requests to receive HVAC service during hours other than Building Service Hours, intense and/or dedicated plug loads in rooms, closets or other areas Tenant will be required to pay Landlord’s then standard charge for additional HVAC service and to provide such prior notice as is reasonably specified by Landlord. As of the Effective Date, Landlord’s current charge for after-hours HVAC is $135.00 per hour, per floor and for after-hours “fans only” service is $55.00 per hour, per floor; such charges are subject to change from time to time during the Term. With Landlord’s consent, Tenant may also install additional heat pumps within and serving the Premises served by Supplemental HVAC Equipment or which in accordance with the provisions of Article 21, provided that Landlord has a shall have the right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and that Tenant remove some or all of such heat pumps at the expiration or sooner termination of this Lease. (ii) Tenant shall have the temperature in a specific area right, subject to Landlord’s approval of Tenant’s plans and specifications therefore to install within the Premises exceeds 78° F dry bulb on a recurring basis due to supplemental HVAC units and equipment for Tenant’s surrounding Signal Group and separate supplemental HVAC units and equipment for Tenant’s server room. If Tenant desires to connect any supplemental HVAC units to the Building’s condenser water loop or activities chilled water line (there are condenser water taps located on every floor in or near such areathe janitor’s closet), the costs of such services Tenant’s right to so connect shall be excluded conditioned upon Landlord having adequate excess capacity from Operating Coststime to time as reasonably determined by Landlord (Landlord represents that the Building has up to a maximum of eleven (11) tons of condenser water capacity which may be allocated to serve Tenant’s supplemental units on the eighth (8th) floor) and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall be paid have the right to charge Tenant a reasonable one-time connection fee and/or a monthly usage fee, as reasonably determined by Landlord; notwithstanding the foregoing, Landlord hereby agrees that Landlord will waive its right to charge Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by a connection fee or a monthly usage fee in connection with Tenant’s use of an override system condenser water (up to the maximum tonnage described above) during the Term. Further, in such event Tenant will be required to install (A) a circulation pump properly sized for the water supply between the supply and return condenser risers with sufficient ability to circulate condenser water through the cooling tower(s) and (B) a sub-meter measuring the electrical demand used with respect to the condenser water (and Tenant will be responsible for any such electrical charges); (iii) Upon not less than ten (10) days’ prior written notice to Tenant, Landlord shall have the right to measure Tenant’s usage either for the Premises which will provide non-Business Hours HVAC and lighting to or for any specific use within the Premises (including without limitation Tenant’s information technology equipment) for electricity, water, gas, steam, or other utility usage by commonly accepted methods, including the installation of measuring devices such as submeters and which will provide Landlord with information check meters. Any meter so installed may, at Landlord’s option, be a “smart meter”. If as the result of the installation of such meters it is determined that Tenant is using electricity in such quantities or during such periods as to determine cause the length total cost of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed the Standard Electricity Allocation by more than three percent (3%), Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost incurred by Landlord in providing such non-Business Hours HVAC of purchasing, installing and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing maintaining the same throughout the Lease Term. measuring device(s); (iv) If Tenant determines that it will need to use installs or operates a server room or supplemental HVAC and lighting service on a regular and sustained basis during nonunits or other forms of high-Business Hoursconsumption equipment or areas, Landlord agrees will have the right to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) hereininstall, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s requestsole cost and expense, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant a separate electrical meter to Landlord as Additional Rent. measure Tenant’s failure electrical consumption in such areas or from such equipment and, if the consumption of electricity such high-consumption areas exceeds the Standard Electricity Allocation as applicable to such areas, to require that Tenant pay Landlord directly for the correct charges required electricity consumed in such areas or by this Section 5.1(b) such equipment, on a monthly basis, within thirty (30) days after receiving the delivery of an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or from Landlord; and (v) If Tenant uses any other charges due under this Lease and services in an amount or for a period in excess of that provided for herein, then Landlord reserves the right to terminate charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the cost of such added services, and to charge Tenant for the reasonable cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such servicesexcess services to Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (On24 Inc)

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Extra Services. If Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided services in excess of that required for normal and customary office use (it being understood that Landlord considers shall also provide the following factors to be significant indicators that electrical consumption may be in excess of normal services and customary office use (i.e.utilities, “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area), the costs of such services thereof shall be excluded from Operating Costs, Expenses and instead shall be paid directly by Tenant as more specifically set forth below. (i) Condenser water in accordance with the relevant provisions of Exhibit H (the “Condenser Water Specifications”) in such quantities as Tenant shall from time to Landlord time draw up to the maximum amount available to Tenant as Additional Rent within thirty set forth on Exhibit CW. Tenant shall pay for service requested and delivered under this clause (30i) days of receipt of an invoice for such costs from Landlord. at the rate therefor set forth in Exhibit CW, subject to adjustment as therein provided. (ii) HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in accordance with the Premises which will provide non-Business Hours HVAC and lighting Specifications to the Premises at such times outside of Regular HVAC Hours and which will provide for such portions of the Premises as Tenant shall from time to time request; provided that Landlord with information to determine the length of shall receive Tenant’s request therefor no later than 2:00 p.m. on a Business Day for such service at any time during the period commencing at 8:00 p.m. on such Business Day and ending on 7:00 a.m. on the next Business Day. Each such request shall specify the hours for which and the portions of the Premises for which Tenant uses is requesting such non-Business Hours HVAC and lighting and service. Tenant shall pay for service requested and delivered under this clause (ii) at the cost incurred by rates therefor set forth on Exhibit OTHVAC, subject to adjustment as therein provided. (iii) Dedicated freight elevator service in accordance with the Freight Elevator Specifications at such times outside of Regular Freight Elevator Hours as Tenant shall from time to time request, subject to availability, provided Landlord shall receive Tenant’s request therefor no later than 2 p.m. on a Business Day for such service at any time during the period commencing at 6:00 p.m. on such Business Day and ending on 7:00 a.m. on the next Business Day. Each such request shall specify the hours for which Tenant is requesting such service. Landlord shall administer the scheduling of such service for Tenant and for Landlord and other tenants in providing such a reasonable, non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Termdiscriminatory manner. If Tenant determines applicable Laws, service or collective bargaining agreements, or security concerns require that it will need to use HVAC and lighting such service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) hereinbe attended by an operator or security personnel, Tenant shall not place pay a fee established by Landlord equal to the costs of such operator or operate personnel. (iv) Use of the Building’s six bay loading dock (except for two bays which shall be dedicated to trash removal) at such times outside of Regular Loading Dock Hours as Tenant shall from time to time request, subject to availability, provided, Landlord shall receive Tenant’s request therefor no later than 2 p.m. on a Business Day for such use at any time during the period commencing at 4:00 p.m. on such Business Day and ending on 7:00 a.m. on the next Business Day. Each such request shall specify the hours for which Tenant is requesting such use. Landlord shall administer the scheduling of such service for Tenant and for Landlord and other tenants in a reasonable, non-discriminatory manner. If applicable Laws, service or collective bargaining agreements, or security concerns require that the loading dock be attended by an operator or security personnel, Tenant shall pay a fee established by Landlord equal to the costs of such operator or personnel. (v) Such cleaning and trash removal service in addition to that described in the Premises any electrically operated equipment Cleaning Specifications as is available from Landlord’s janitorial service contractor, provided (a) Tenant Cleaning shall not be in effect, (b) Landlord shall receive Tenant’s request therefor reasonably in advance, and (c) Tenant shall pay for such additional service by reimbursing Landlord the amount charged by Landlord’s janitorial service contractor. Additionally, whether or not Tenant Cleaning shall be in effect, Tenant shall also be entitled to contract for such additional cleaning and/or maintenance services directly with such other machinerycontractors as Tenant desires (who shall employ union labor if Landlord’s janitorial cleaning contractor employs union labor) subject to the approval of such contractors in advance by Landlord as provided in Paragraph 6(A)(iv) above. (vi) Such other extra utilities or services as Tenant may from time to time request, other than machinery provided (a) the same are reasonable and equipment normally used feasible for Landlord to provide and do not involve material modifications or additions to the Property or existing Building systems or equipment, and (b) Landlord shall receive Tenant’s request reasonably in offices, including, but not limited to, advance (all of which extra utilities or services provided under this Paragraph 6(B)(vi) are hereinafter referred to as “Extra Utilities and Services”). Tenant shall pay Landlord for such Extra Utilities and Services at a server room, staterate equal to Landlord’s actual out-of-the-art communications systems pocket costs for such Extra Utilities and other equipment requiring electrical capacity in excess Services. All charges under this Paragraph 6(B) shall be due at the same time as the installment of that required for normal and customary office useNet Rent with which the same are billed, and none of the equipment or machinery placed in the Premises by Tenant if billed separately, shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) due within thirty (30) days after receiving such billing. Landlord may comply with written or oral requests for service under this Paragraph 6(B) by an invoice for the same officer or specifically authorized employee of Tenant. Tenant shall entitle Landlord to the same remedies it has upon Tenant’s failure be obligated to pay Base Rent or any other charges due only for such services as it requests under this Lease and the right to terminate any such servicesParagraph 6(B).

Appears in 1 contract

Samples: Office Lease (Hyatt Hotels Corp)

Extra Services. Except as expressly set forth herein, Tenant shall have no right to any services in excess of those provided herein: (i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (as of the Effective Date, Landlord’s charge for after hours HVAC is $189.00 per hour plus the cost of engineering (currently $75.00 per hour)). The foregoing charges are subject to change from time to time to the extent necessary to meet changes in Landlord’s cost of providing such service. Any such increased charge shall be based upon the actual cost of electricity consumed by the Building’s HVAC equipment and Landlord’s reasonable, good faith estimate of the cost of increased maintenance and wear and tear on the Building’s HVAC equipment plus such after-hours usage, and labor costs, if any, related to the provision of such after-hours HVAC service. (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s); (iv) If Tenant uses extra services because installs or operates a server room or supplemental HVAC units or other forms of either nonhigh-Business Hours use consumption equipment or high areas, Landlord will have the right to install, at Tenant’s sole cost and expense, a separate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and to require that Tenant pay Landlord directly for the electricity installations consumed in such areas or by such equipment, on a monthly basis, within ten (10) days after the delivery and an invoice from Landlord at the rates charged to Landlord by the electric company, without markup. (v) if Tenant uses any Landlord-provided other services in an amount or for a period in excess of that required provided for normal and customary office use (it being understood that herein, then Landlord considers reserves the following factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in charge Tenant as additional Rent hereunder a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in or near such area), the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to Landlord reasonable sum as Additional Rent within thirty (30) days of receipt of an invoice reimbursement for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of such services is paid by added services, and to charge Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the same remedies it has upon additional services, and/or to discontinue providing such excess services to Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 1 contract

Samples: Office Lease Agreement (Medivation, Inc.)

Extra Services. If Landlord shall provide to Tenant, subject to capacity limitations and the needs of other tenants, and at Tenant's cost and expense (and subject to the other limitations hereinafter set forth) the additional services described below ("Extra Services"). Tenant uses shall pay Landlord for the cost (including capital costs, out-of-pocket expenses and the allocated cost of Landlord's employees) of providing any Extra Services, together with an administrative fee equal to fifteen percent (15%) of such cost, within ten (10) days following presentation of an invoice therefor by Landlord to Tenant. Landlord shall credit the administrative fee collected from Tenant on a line- item basis against Operating Costs if such fee is charged in connection with an item that would otherwise be included within Operating Costs. The cost chargeable to Tenant for Extra Services shall constitute additional Rent. (a) Any extra services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided cleaning and janitorial services in excess of that required for normal Building Standard Improvements. Landlord shall, upon reasonable advance notice, arrange for weekend janitorial service on terms acceptable to the service provider, Tenant and customary office use Landlord. (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess b) Additional air conditioning and ventilating capacity (24 hours a day, seven days a week, 365 days a year) required by reason of normal and customary office use (i.e.any electrical, “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets data processing or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in facilities or near such area)services required to support the same, the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that which would be required for normal and customary office useBuilding Standard Improvements. (c) Heating, and none of the ventilation, air conditioning or extra electrical equipment or machinery placed service during hours other than Normal Office Hours up to 24 hours a day, seven days a week, 365 days a year. Landlord shall provide said heating, ventilation and air conditioning or extra service solely upon the prior request of Tenant given in compliance with the Premises notice requirements and procedures that Landlord may establish from time to time. (d) Repair and maintenance for which Xxxxxx is responsible hereunder. (e) Any Basic Service in amounts reasonably determined by Tenant shall Landlord to exceed the electrical capacity of the Premisesamounts required to be provided under Section 5.1, unless Tenant receives Landlord’s advance written consent. but only if ----------- Landlord elects to provide such additional or excess service. (f) Any other item described in this Lease as an Extra Service or which Landlord is not obligated required to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost as part of such services is paid by Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such servicesBasic Services.

Appears in 1 contract

Samples: Office Building Lease (Homegrocer Com Inc)

Extra Services. If Landlord may provide to Tenant uses in Landlord’s discretion and at Xxxxxx’s cost and expense (and subject to the limitations hereinafter set forth) the additional services described below (“Extra Services”). Tenant shall pay Landlord for the cost (including capital costs, out-of-pocket expenses and the allocated cost of Landlord’s employees) of providing any Extra Services, together with an administrative fee equal to ten percent (10%) of such cost, within thirty (30) days following presentation of an invoice therefor by Landlord to Tenant. Landlord shall not charge the administrative fee on the cost of extra janitorial services because of either non-Business Hours use that are provided under a separate contract between Tenant and the janitorial service. The cost chargeable to Tenant for Extra Services shall constitute Rent. (a) Any extra cleaning and janitorial services requested by Tenant or high electricity installations or if required for the Tenant uses any Landlord-provided services Improvements, in excess of that required for normal Building Standard Improvements; provided that Tenant may contract separately with Landlord’s janitorial provider for extra janitorial services at Tenant’s expense. (b) Additional air conditioning and customary office use (it being understood that Landlord considers ventilating capacity required by reason of any electrical, data processing or other equipment or facilities or services required to support the following factors to be significant indicators that electrical consumption may be same, in excess of normal and customary office use that which would be required for Building Standard Improvements. (i.e.c) Heating, “above standard”): (i) heavyventilation, intense and/or dedicated plug loads in rooms, closets air conditioning or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding extra electrical equipment or activities service during hours other than Normal Office Hours. Landlord shall provide said heating, ventilation and air conditioning or extra service solely upon the prior request of Tenant given in or near such area), compliance with the costs of such services shall be excluded notice requirements and procedures that Landlord may establish from Operating Costs, and shall be paid by Tenant time to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlordtime. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred hourly rate established by Landlord but shall not be required to pay an administrative fee for such after-hours HVAC or electricity. (d) Repair and maintenance for which Xxxxxx is responsible hereunder. (e) Any Basic Service in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per flooramounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 5.1, but such charge is subject to increase based on increased costs incurred by only if Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort elects to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(cadditional or excess service. (f) herein, Tenant shall not place Any other item described in this Lease as an Extra Service or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. which Landlord is not obligated required to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost as part of such services is paid by Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such servicesBasic Services.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

Extra Services. If Except as expressly set forth herein, Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses shall have no right to any Landlord-provided services in excess of that required for normal and customary office use (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): those provided herein; however: (i) heavyTenant expressly acknowledges that it may be necessary to install heating, intense ventilation and air conditioning (“HVAC”) units serving the Premises. If Tenant desires to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line (there are condenser water taps located on every floor in the janitor’s closet), Tenant’s right to so connect shall require Landlord’s prior written consent, which shall not be unreasonably withheld but may be conditioned in part upon Landlord determining there is adequate excess capacity from time to time; any such connection and use shall be subject to Tenant’s pro-rata share and other reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or dedicated plug loads a monthly usage fee, as reasonably determined by Landlord. Further, Tenant will be required to install (A) a circulation pump properly sized for the water supply between the supply and return condenser risers with sufficient ability to circulate condenser water through the cooling tower(s) and (B) a sub-meter measuring the electrical demand used with respect to the condenser water (and Tenant will be responsible for any such electrical charges); in rooms, closets or other areas no event will Landlord be obligated to allocate more than twelve (12) tons of capacity to any floor of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and Premises. (ii) Landlord shall have the temperature in a specific area of right to measure Tenant’s usage either for the Premises exceeds 78° F dry bulb on a recurring basis due to or for any specific use within the Premises (including without limitation Tenant’s surrounding information technology equipment and for “high density” and/or “high consumption” areas, described above) for electricity, water, gas, steam, or activities in or near other utility usage by commonly accepted methods, including the installation of measuring devices such area)as submeters and check meters. Any meter so installed may, the costs of such services shall at Landlord’s option, be excluded from Operating Costs, and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlorda “smart meter”. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting Except to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and extent included in Operating Expenses, Tenant shall pay the cost incurred by actual costs for the consumption shown on the meter plus any fee applicable to reading the meter, either directly to the third-party utility provider in the case of a direct meter or to Landlord in providing such non-Business Hours HVAC the case of a check submeter or check meter, and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject Tenant shall provide a monthly report to increase based on increased costs incurred Landlord of Tenant’s usage as measured by Landlord in providing the same throughout the Lease Termmeter. If the electricity costs for the Premises are included in Operating Expenses (and not paid directly by Tenant determines or directly reimbursed to Landlord by Tenant) and it is determined that it will need Tenant is using electricity in such quantities or during such periods as to use HVAC and lighting service cause the total cost of Tenant’s electrical usage, on a regular and sustained basis during non-Business Hoursmonthly, Landlord agrees per rentable square foot basis, to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to exceed the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) hereinStandard Electricity Allocation, Tenant shall not place pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s); and (iii) If Tenant uses any other services in an amount or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, for a server room, state-of-the-art communications systems and other equipment requiring electrical capacity period in excess of that required provided for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided then Landlord reserves the right to charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the cost of such services is paid by added services, and to charge Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the same remedies it has upon additional services, and/or to discontinue providing such excess services to Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 1 contract

Samples: Office Lease Agreement (Turo Inc.)

Extra Services. If Landlord shall provide to Tenant uses at Tenant's sole -------------- cost and expense (and subject to the limitations hereinafter set forth) the following: (a) Such extra cleaning and janitorial services because required by reason of either non-Business Hours use or high electricity installations or if any Tenant uses any Landlord-provided services Improvements in excess of that which would be required for normal Building Standard Improvements; (b) Additional air conditioning and customary office use (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess ventilating capacity required by reason of normal and customary office use (i.e.any electrical, “above standard”): (i) heavy, intense and/or dedicated plug loads in rooms, closets data processing or other areas of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on a recurring basis due to Tenant’s surrounding equipment or activities in facilities or near such area)services required to support the same, the costs of such services shall be excluded from Operating Costs, and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that which would be required for normal Building Standard Improvements; (c) Maintaining and customary office usereplacing above Building Standard lamps, bulbs, and none ballasts after initial installation; (d) Heating, ventilation, air conditioning or extra electrical service provided by Landlord to Tenant (i) during hours other than normal business hours, (ii) on Saturdays, Sundays, or holidays, said heating, ventilation and air conditioning or extra service to be furnished solely upon the prior request of Tenant; (e) Repair and maintenance service which is the equipment obligation of Tenant hereunder; (f) Any Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 4.01.(b), but only if Landlord elects to provide such additional or machinery placed in the Premises by excess service. Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. pay Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost of providing such additional services, together with an administration fee equal to ten percent (10%) of such cost (which administration fee shall be used by Landlord to reduce Operating Expenses for all tenants of the Building), within ten (10) days following presentation of an invoice therefor by Landlord to Tenant. The cost chargeable to Tenant for all extra services is paid by Tenant to Landlord as shall constitute Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 1 contract

Samples: Office Building Lease (Actuate Corp)

Extra Services. If Except as expressly set forth herein, Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses shall have no right to any Landlord-provided services in excess of that required for normal and customary office use (it being understood that Landlord considers the following factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (i.e., “above standard”): those provided herein; however: (i) heavyTenant expressly acknowledges that it may be necessary to install heating, intense ventilation and air conditioning (“HVAC”) units serving the Premises. If Tenant desires to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line (there are condenser water taps located on every floor in the janitor’s closet), Xxxxxx’s right to so connect shall require Landlord’s prior written consent, which shall not be unreasonably withheld but may be conditioned in part upon Landlord determining there is adequate excess capacity from time to time; any such connection and use shall be subject to Tenant’s pro-rata share and other reasonable restrictions imposed by Xxxxxxxx, and Landlord shall have the right to charge Tenant a connection fee and/or dedicated plug loads a monthly usage fee, as reasonably determined by Landlord. Further, Tenant will be required to install (A) a circulation pump properly sized for the water supply between the supply and return condenser risers with sufficient ability to circulate condenser water through the cooling tower(s) and (B) a sub-meter measuring the electrical demand used with respect to the condenser water (and Tenant will be responsible for any such electrical charges); in rooms, closets or other areas no event will Landlord be obligated to allocate more than twelve (12) tons of capacity to any floor of the Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.5(c) herein and Premises. (ii) Landlord shall have the temperature in a specific area of right to measure Tenant’s usage either for the Premises exceeds 78° F dry bulb on a recurring basis due to or for any specific use within the Premises (including without limitation Tenant’s surrounding information technology equipment and for “high density” and/or “high consumption” areas, described above) for electricity, water, gas, steam, or activities in or near other utility usage by commonly accepted methods, including the installation of measuring devices such area)as submeters and check meters. Any meter so installed may, the costs of such services shall at Xxxxxxxx’s option, be excluded from Operating Costs, and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlorda “smart meter”. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of an override system in the Premises which will provide non-Business Hours HVAC and lighting Except to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and extent included in Operating Expenses, Tenant shall pay the cost incurred by actual costs for the consumption shown on the meter plus any fee applicable to reading the meter, either directly to the third-party utility provider in the case of a direct meter or to Landlord in providing such non-Business Hours HVAC the case of a check submeter or check meter, and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject Tenant shall provide a monthly report to increase based on increased costs incurred Landlord of Tenant’s usage as measured by Landlord in providing the same throughout the Lease Termmeter. If the electricity costs for the Premises are included in Operating Expenses (and not paid directly by Tenant determines or directly reimbursed to Landlord by Tenant) and it is determined that it will need Tenant is using electricity in such quantities or during such periods as to use HVAC and lighting service cause the total cost of Tenant’s electrical usage, on a regular and sustained basis during non-Business Hoursmonthly, Landlord agrees per rentable square foot basis, to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to exceed the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) hereinStandard Electricity Allocation, Tenant shall not place pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s); and (iii) If Tenant uses any other services in an amount or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, for a server room, state-of-the-art communications systems and other equipment requiring electrical capacity period in excess of that required provided for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided then Landlord reserves the right to charge Xxxxxx as additional Rent hereunder a reasonable sum as reimbursement for the cost of such services is paid by added services, and to charge Tenant to Landlord as Additional Rent. Tenant’s failure to pay the correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the same remedies it has upon additional services, and/or to discontinue providing such excess services to Tenant’s failure to pay Base Rent or any other charges due under this Lease and the right to terminate any such services.

Appears in 1 contract

Samples: Office Lease Agreement (Turo Inc.)

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