Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include: (a) Landlord's federal, state or local income, franchise, inheritance or estate taxes; (b) any ground lease rental; (c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices; (e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses; (g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development; (h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees; (i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease; (j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead; (k) all items and services for which Tenant or any other tenant in the Building is to reimburse Landlord (other than through operating expense pass-through provisions); (l) electric power costs for which any tenant directly contracts with the local public service company; (m) costs arising from Landlord's charitable or political contributions; (n) transfer tax in connection with a sale of the Building; and (o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services: 1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times. 2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones. 3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
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Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs PARAGRAPHS 1 and AND 2 above to the contrary, "Operating Expenses" will not include:
: (a) LandlordLessor's federal, federal or state or local OR NET income, franchisefranchisee, inheritance TRANSFER, GIFT, or estate taxes;
; (b) any ground lease rental;
; (c) costs incurred by Landlord Lessor for the repair of damage to the Building to the extent that Landlord Lessor is reimbursed by insurance or condemnation proceeds or by tenantslessees, warrantors or other third persons;
; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord Lessor to enable Landlord Lessor to supply services Landlord Lessor might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
; (e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord Lessor in leasing or attempting to lease space in the Building;
; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m1(n) above will in any event be included in the definition of Operating Expenses;
; (g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
; (h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant lessee improvements for tenants lessees in the Building (including the original Tenant Lessee Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants lessees or other occupants of the Building, including space planning and interior design costs and fees;
; (i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants lessees or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord Lessor under the Lease;
; (j) except for the administrative/management fees described in Subparagraph 1(hSUBPARAGRAPH 1(i) above, costs of LandlordLessor's general corporate overhead;
, (k) all items and services for which Tenant Lessee or any other tenant lessee in the Building is to reimburse Landlord reimburses Lessor (other others than through operating expense expenses pass-through provisions);
; (l1) electric power costs for which any tenant lessee directly contracts with the local public service company;
; and (m) costs arising from LandlordLessor's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. EXHIBIT "F" STANDARDS FOR UTILITIES AND SERVICES The following standards standard for utilities and services are in effect. Landlord Lessor reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant Lessee remains in occupancy of the Premises, Landlord Lessor will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 6:00 a.m. to 6 10:00 p.m., and have one elevator available for TenantLessee's use at all other times.
2. On Monday through Friday, except holidays, holidays from 8 6:00 a.m. to 6 p.m. and on Saturday from 8 12:00 a.m. to 12 Noon (and other times for at a reasonable hourly additional charge to be fixed by LandlordLessor), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord Lessor it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o 45 degree angle upwards. Tenant acknowledges and agrees that Landlord Lessor will not be responsible for room temperatures if Tenant Lessee does not (i) keep all window coverings in the Premises extended to the full length of the window opening and - adjusted to a 45o 45 degree angle upwards whenever the system is in operation; . Lessee agrees to cooperate fully at all times with Lessor, and (ii) to abide by all reasonable regulations and requirements which Landlord Lessor may prescribe for the proper function and protection of said air conditioning system. Tenant Lessee agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approvalBuilding. Tenant Lessee further agrees that neither Tenant Lessee nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant Lessee if the need for maintenance work results from either TenantLessee's adjustment of room thermostats or TenantLessee's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o 45 degree angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord Lessor will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers computer and word processing equipment in an amount not to exceed five six (56) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit)day. Tenant Lessee agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord Lessor monthly for the measured consumption at the average cost per kilowatt hour charged to the Building building during the period. If a separate meter is not installed at TenantLessee's cost, such excess cost will be established by an estimate agreed upon by Landlord Lessor and TenantLessee, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's Lessors reasonable discretion, whose fee shall be shared equally by Landlord be Lessor and TenantTenex. Tenant Xxssee agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word work processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant Lessee further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of LandlordLessor. Should Tenant Lessee use the same to excess, the refusal on the part of Tenant Lessee to pay upon demand of Landlord Lessor the amount established by Landlord Lessor for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord Lessor to the rights therein granted for such breach. TenantLessee's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants Lessees will not install or use or permit the installation or of use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of LandlordLessor.
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Samples: Lease Addendum (Xcarenet Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building Premises to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the BuildingPremises;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m1(f) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the DevelopmentPremises;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(j) except for the administrative/management fees described in Subparagraph 1(h1(c) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is required to reimburse Landlord (other than through operating expense pass-through provisions)pursuant to the Lease or for which Tenant is otherwise responsible pursuant to the Lease;
(l) electric power costs for which any tenant directly contracts with the local public service company;
(m) costs arising from Landlord's charitable or political contributions;
(nm) transfer tax in connection with a sale Costs of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premisesrepairs or other work occasioned by fire, Landlord will provide windstorm or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Fridayother casualty, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning condemnation or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises eminent domain (other than standard office business machinesthe commercially reasonable deductible for applicable insurance), personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.extent Landlord is reimbursed therefor;
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Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance (or would be reimbursed had Landlord carried the insurance required under this Lease) or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, except for the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses1(l)above;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the DevelopmentProject;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense Operating Expense pass-through provisions);
(l) electric power costs for which any tenant directly contracts with the local public service company;
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax costs incurred in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building;
(o) expenses directly resulting from the breach of any tenant lease (including this Lease), negligence and/or intentional misconduct of Landlord, its agents, contractors or employees;
(p) any bad debt loss, rent loss, or reserves for bad debts, rent loss or any other purpose;
(q) the wages of any employee who does not devote substantially all of his or her time to the Building shall be equitably allocated to the Building and the wages of any executive or administrative employees;
(r) fines, penalties and interest;
(s) costs incurred by Landlord with respect to goods and services (including utilities sold and supplied to tenants and occupants of the Building) to the extent that Landlord is reimbursed such costs other than through operating expense payments;
(t) rentals and other related expenses incurred in leasing air conditioning systems, elevators or other equipment ordinarily considered to be of a capital nature, except equipment not affixed to the Building which is used while repairs are being undertaken or in providing janitorial or similar services;
(u) except for the property management fee permitted under Paragraph 1(g) of this EXHIBIT C, overhead and profit increment paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in or to the Project to the extent the same exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a competitive basis;
(v) advertising expenses, promotional expenses, and other costs of a similar nature incurred in the leasing of space at the Project;
(w) insurance that is not required to be carried by Landlord pursuant to this Lease, and is in excess of that which a prudent owner of a comparable building would carry in the ordinary course of business, provided that this exclusion shall not be deemed to cover earthquake insurance carried by Landlord as permitted in this Lease;
(x) any costs incurred by Landlord for actions or services that are not necessary for Landlord to perform to satisfy Landlord's obligations pursuant to this Lease;
(y) the costs to repair or replace any damage or destruction covered by Paragraph 20 in excess of insurance proceeds; and
(z) costs arising from the presence of any Hazardous Materials (not resulting from the acts or omissions of Tenant). EXHIBIT "C" Page 3 STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's nonexclusive use at all other times.
2. On Monday through Friday, except holidays, from 8 7:30 a.m. to 6 6:00 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. "Holidays" shall mean New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day and such other national holidays as are adopted by Landlord as holidays for the Building. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o 45 DEG. angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o 45 DEG. angle upwards whenever the system is in operation; . Tenant agrees to cooperate fully at all times with Landlord, and (ii) to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approvalBuilding. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development Project or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The reasonable cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o 45 DEG. angle upwards. Such work will be charged at hourly rates equal to thenInitially, Tenant shall pay for after-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the hours HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption services at the average cost rate of Thirty-Five Dollars ($35.00) per kilowatt hour charged hour, subject to the Building during the period. If a separate meter is not installed reasonable adjustment at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail no profit to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs Paragraph 1 and 2 above to the contrary, "Operating Expenses" will not include:
: (a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
; (b) any ground lease rental;
; (c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard generally accepted accounting practices;
; (e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
Development; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard generally accepted accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m1(n) above will in any event be included in the definition of Operating Expenses;
; (g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
; (h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building Development (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the BuildingDevelopment, including space planning and interior design costs and fees;
; (i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the BuildingDevelopment; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the BuildingDevelopment, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
; (j) except for the administrative/management fees described in Subparagraph 1(h1(i) above, costs of Landlord's general corporate overhead;
; (k) all items and services for which Tenant or any other tenant in the Building is to reimburse Development reimburses Landlord (other than through operating expense pass-through provisions);
; (l) electric power costs for which any tenant directly contracts with the local public service company;
; (m) costs arising from Landlord's charitable or political contributions;
; and (n) transfer tax in connection with a sale of any costs relating to the Building; and
(o) costs arising from repair of defects in the original initial development and construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other timesDevelopment.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Industrial Lease (Cutter & Buck Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as (determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the time Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) costs, including permit, license and inspection costs, incurred with respect to the time installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective Prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord Land lord under the Lease;
(j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the time Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
(l) electric power costs for which any tenant directly contracts with the time local public service company;; and
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Office Building Lease (Ijnt Net Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of -------------------------------------- Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
(l) electric power costs for which any tenant directly contracts with the local public service company;; and
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Office Building Lease (Virtual Mortgage Network Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "“Operating Expenses" ” will not include:
(a) Landlord's federal, ’s federal or state or local income, franchise, inheritance or estate taxes and transfer taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's ’s services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' ’ fees, attorneys' ’ fees, space planning costs, marketing costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, except for the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expensesabove;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the DevelopmentProject;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' ’ fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' ’ fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's ’s general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
(l) electric power costs for which any tenant directly contracts with the local public service company;
(m) costs arising from Landlord's ’s charitable or political contributions;
(n) transfer tax costs incurred in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards ;
(o) expenses directly resulting from the gross negligence and/or intentional misconduct of Landlord, its agents, contractors or employees;
(p) any bad debt loss, rent loss, or reserves for utilities and services are in effect. Landlord reserves bad debts or rent loss;
(q) the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions wages of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant any employee who does not (i) keep devote substantially all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit his or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any her time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders equitably allocated to the Building;
(r) fines, penalties and interest;
(s) costs incurred by Landlord with respect to goods and services (including utilities sold and supplied to tenants and occupants of the Building) to the extent that Landlord is reimbursed such costs other than through operating expense payments; and
(t) rentals and other related expenses incurred in leasing air conditioning systems, elevators or other equipment ordinarily considered to be of a capital nature, except equipment not affixed to the risers Building which is used while repairs are being undertaken or wiring installation and Tenants will not install in providing janitorial or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlordsimilar services.
Appears in 1 contract
Samples: Office Building Lease (Monolithic System Technology Inc)
Items Excluded from Operating Expenses. Notwithstanding the -------------------------------------- provisions of Paragraphs Section 1 and Section 2 above to the contrary, "Operating Expenses" will shall not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the DevelopmentProject;
(hg) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(ih) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those reasonable attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease, except to the extent Landlord recovers such fees directly from Tenant or other tenants pursuant to their lease or other agreement in question;
(ji) except for the administrative/management fees described in Subparagraph 1(h) Section 1 above, costs of Landlord's general corporate overhead;
(kj) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
(lk) electric power costs for which any tenant directly contracts with the local public service company;
(ml) costs arising from Landlord's charitable or political contributions;
(m) costs of any extraordinary services provided to other tenants of the Project but not to Tenant;
(n) transfer tax in connection with a sale executive salaries of off-site personnel employed by Landlord, except for the charge (or pro rata share) of the Building; andProject manager or asset manager;
(o) costs arising from repair of defects in the original construction reconstructing, modifying, altering or repairing any structural portions of the BuildingBuilding due to defective original construction;
(p) overhead and profit increment paid to a subsidiary, affiliate or other entity related to Landlord for services (other than management services) to the extent the same exceed competitive costs (taking into account the quality of service provided in maintaining a Class-A office building) of such services were they not so rendered by a subsidiary, affiliate or other Landlord-related entity; and
(q) costs incurred by Landlord for replacements which are considered capital improvements under generally accepted accounting practices, except as expressly permitted in Section 1 above. EXHIBIT "F" STANDARDS FOR UTILITIES AND SERVICES ------------------------------------ The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions heretothereto. Subject Tenant shall promptly notify Landlord, in writing, of any conflict between the Rules and Regulations and any laws, statutes or ordinances applicable to the terms and conditions Tenant's particular use or manner of use or occupancy of the Lease Premises or the Building and provided Landlord and Tenant shall reasonably cooperate in the lawful and timely resolution of such conflict. Provided Tenant remains in occupancy of the Premises, and is not in default beyond applicable notice and cure periods under any of the terms, covenants, conditions, provisions or agreements of the Lease, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidayssubject to the terms, from 8 a.m. to 6 p.m., conditions and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. limitations set forth herein and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.Lease:
Appears in 1 contract
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-pass- through provisions);
(l) electric power costs for which any tenant directly contracts with the local public service company;; and
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. EXHIBIT F STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 7 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. Landlord's after-hours charge for HVAC as of the date of the Lease is set forth in Subparagraph 1(s) of the Lease. Such charge is subject to change at any time and from time to time by Landlord. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o 45 degree angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o 45 degree angle upwards whenever the system is in operation; . Tenant agrees to cooperate fully at all times with Landlord, and (ii) to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approvalBuilding. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o 45 degree angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five six (56) wattx xxx xxxxx per square foot per normal business day (exclusive of the lighting fixtures excluding ceiling lights and HVAC unitHVAC). If Landlord reasonably determines that Tenant agrees, should its electrical installation or electrical consumption be is using electricity in excess of Tenant's pro rata share to be supplied by Landlord pursuant to the aforesaid quantity foregoing sentence, Landlord may require Tenant to pay an increased share of the electricity costs, as equitably determined by Landlord, or extend beyond normal business hoursto install, to reimburse Landlord monthly at Tenant's sole cost and expense, a separate meter for the measured consumption at the average cost per kilowatt hour charged electricity supplied to the Building during the periodPremises. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Office Building Lease (Simpson Manufacturing Co Inc /Ca/)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
: (a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
; (b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
; (dc) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
; (e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(fd) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m1(n) above will in any event be included in the definition of Operating Expenses;
; (ge) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
Premises; (hf) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
; (i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(jg) except for the administrative/management fees described in Subparagraph 1(h1(i) above, costs of Landlord's general corporate overhead;
; (kh) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
; and (l) electric power costs for which any tenant directly contracts with the local public service company;
(mi) costs arising from Landlord's charitable or political contributions;
. EXHIBIT "F" ESTOPPEL CERTIFICATE The undersigned, ALTOX XXXXXX XXXTNERS, LLC, a California limited liability company (n) transfer tax in connection "Landlord"), with a sale of the Building; and
mailing address c/o Acacia Properties, 250 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, xxd RAINBOW TECHNOLOGIES, INC. a Delaware corporation (o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises"Tenant"), Landlord will provide or make available the following utilities and serviceshereby certify to_______________________________________________________, as follows:
1. Provide non-attended automatic elevator facilities Monday through FridayAttached hereto is a true, correct and complete copy of that certain lease dated August 25, 2000, between Landlord and Tenant (the "Lease"), regarding the premises located at 8 Huxxxx, Xxxxxx, Xxxxxxxxxx (xxe "Premises"). The Lease is now in full force and effect and has not been amended, modified or supplemented, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other timesas set forth in Paragraph 4 below.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy The Term of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zonesLease commenced on_________________________________.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive The Term of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee Lease shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlordexpire on_______________________________.
Appears in 1 contract
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs Paragraph 1 and 2 above to the contrary, "“Operating Expenses" ” will not include:
: (a) Landlord's federal, ’s federal or state or local income, franchise, inheritance or estate taxes;
; (b) any ground lease rental;
; (c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's ’s services, all as determined in accordance with standard accounting practices;
; (e) brokerage commissions, finders' ’ fees, attorneys' ’ fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
Development; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and and, fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
Development (hg) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building Development (including the original Tenant Improvements Landlord Work for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the BuildingDevelopment, including space planning and interior design costs and fees;
; (ih) attorneys' fees ’ fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants or occupants, and leasing commissions, attorneys’ fees, improvement costs, space planning costs, permit, license and inspection costs and other costs and expenses incurred in connection with negotiations leasing space to, or disputes with present or negotiating with, prospective tenants or other occupants of the Buildingoccupants; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(ji) except for the administrative/management fees described in Subparagraph 1(h1(g) above, costs of Landlord's ’s general corporate overhead;
; (kj) all items and services for which Tenant or any other tenant in the Building is to reimburse Development reimburses Landlord (other than through operating expense pass-through provisions);
; (lk) electric power utility or service costs for which any tenant directly contracts with the local public service company;
; (ml) costs arising from Landlord's ’s charitable or political contributions;
; (m) any costs relating to the initial development and construction of the Development, the Shell or the Landlord Work; (n) transfer tax in connection with a sale subject to reimbursement from Tenant for damage caused by Tenant or its subtenants, agents, employees or contractors, the cost of replacement of the Buildingstructural portions of the Development or the Premises, including the structural roof, subject, however, to clause (9) of Paragraph 1 above; and
(o) costs arising from repair incurred due to violations by Landlord or its agents of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy any lease or applicable law (including, without limitation, any costs to remedy violations of applicable law, excepting Tenant’s specific compliance obligations hereunder), or by another tenant or tenants of the Premises, Landlord will provide or make available terms and conditions of any lease; (p) expenses related to the following utilities management and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment operation of Landlord it may be required for as an entity to the comfortable occupancy extent they do not relate solely to the operation ownership and maintenance of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended Development; (q) intentionally omitted; (r) any costs, fines or penalties due to any failure by Landlord to remit timely payments and/or violation by Landlord of any governmental rule or authority or applicable law; (s) profit increment paid to subsidiaries or affiliates of Landlord for services on or to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended Development, to the full length extent only that the costs of the window opening such services exceed competitive costs of such services for similarly qualified entities were they not so rendered by a subsidiary or affiliate; (t) any advertising and adjusted to a 45o angle upwards whenever the system is in operationpromotional expenditures; (u) items and (ii) abide by all reasonable regulations and requirements services which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees provides to other tenants but not to connect any apparatusTenant, device, conduit or pipe items or services which Landlord provides to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servantsother tenants more than to Tenant, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length extent of the window opening and adjusted such discrepancy; (v) any compensation paid to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premisesclerks, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment attendants or other persons in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon commercial concessions operated by Landlord or its subsidiaries or affiliates; (w) costs and Tenant, and if expenses incurred in connection with the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device remediation of Hazardous Materials in, upon on, under or about the Premises Development; (other than standard office business machines, personal computers and word processing equipmentx) which may costs of capital improvements made-to reduce operating expenses to the extent the portion of such costs otherwise includable in any way increase Operating Expenses exceeds the amount by which Landlord reasonably intended Operating Expenses to be reduced due to and at the time of installation of such improvements; (y) items and services usually furnished for which Tenant or supplied any other tenant in the Development directly reimburses Landlord or third parties and costs reimbursed by insurance proceeds, condemnation proceeds or otherwise; (z) repairs, other work, costs or charges occasioned by the breach of any covenant, warranty or representation made by Landlord pursuant to said Premises, and Tenant further agrees not to connect any apparatus this Lease or device with wires, conduits arising from the gross negligence or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand willful misconduct of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Buildingor its employees, agents or the risers contractors or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlordthird parties.
Appears in 1 contract
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs PARAGRAPHS 1 and AND 2 above to the contrary, "Operating Expenses" will not include:
: (a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
; (b) any ground lease rental;
; (c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
; (e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(ml(n) above will in any event be included in the definition of Operating Expenses;
; (g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
; (h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants 19 or other occupants of the Building, including space planning and interior design costs and fees;
; (i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
; (j) except for the administrative/management fees described in Subparagraph 1(hSUBPARAGRAPH 1(i) above, costs of Landlord's general corporate overhead;
; (k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
; (l) electric power costs for which any tenant directly contracts with the local public service company;
; and (m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 6(f) and 2 6(g) above to the contrary, "Operating Expenses" will not include:
(ai) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(bii) any ground lease rental;
(ciii) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(div) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(ev) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the BuildingDevelopment;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(gvi) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(hvii) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises)Development, or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the BuildingDevelopment, including space planning and interior design costs and fees;
(iviii) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the BuildingDevelopment; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, negotiations or disputes with third parties (who are not tenants of the Development) or claims relating to items of Operating Expenses, enforcement of rules and regulations of the BuildingDevelopment, and such other matters relating to the maintenance of standards required of Landlord under the LeaseLease and where such claims or costs are incurred because of acts or omissions of third parties who are not tenants of the Development;
(jix) except for the administrative/management fees described in Subparagraph 1(h6(f) above, any fees or salaries of principals or employees of Landlord and any other costs of Landlord's general corporate overhead;
(kx) all items and services for which Tenant or any other tenant in the Building is to reimburse Development reimburses Landlord (other than through operating expense pass-through provisions);
(lxi) electric power costs for which any tenant directly contracts with the local public service company;
(mxii) costs arising from Landlord's charitable or political contributions;
(nxiii) transfer tax costs incurred for the Project Work;
(xiv) costs incurred for the repair, maintenance or replacement of the structural components of the footings, foundation, ground floor slab, and load bearing walls of the Premises caused by defects in the construction thereon (but excluding painting and ordinary maintenance and repair of exterior surfaces);
(xv) costs incurred on account of any soils contamination existing prior to the Commencement Date, on account of any soils subsidence or slippage, or to maintain, repair or replace any retaining walls in the Development caused by such soils subsidence or slippage;
(xvi) costs incurred to correct any defects in design, materials or construction of the Project Work, or to comply with Landlord's agreement in Subparagraph 4(a) to furnish all of the material, labor and equipment for the construction of the Project Work in a good and workmanlike manner in conformance with the Project Plans and in compliance with all Applicable Laws;
(xvii) costs, expenses and penalties (including without limitation attorneys fees) incurred as a result of the use, storage, removal or remediation of any toxic or hazardous substances or other environmental contamination;
(xviii) costs incurred in connection with a the financing, sale or acquisition of the BuildingPremises or any portion thereof;
(xix) costs, expenses, and penalties (including without limitation attorneys' fees) incurred due to the violation by Landlord of any underlying deed of trust or mortgage affecting the Premises or any portion thereof;
(xx) costs incurred as a result of Landlord's violation of any statute, ordinance or other source of applicable law, or breach of contract or tort liability to any other party, including without limitation, any unrelated third party, or Landlord's employees, contractors, agents or representatives;
(xxi) advertising, marketing, media and promotional expenditures regarding the Development and costs of the initial construction of any signs in or on the Development identifying the owner, lender or any contractor thereof;
(xxii) to the extent the useful life of repairs or replacements (other than repairs or replacements to Tenant Improvements) which, under generally accepted accounting principles consistently applied, would be considered a capital cost in excess of $12,000 per item, exceeds the remainder of the term of the Lease (as such useful life is determined under generally accepted accounting principals), the pro rata portion of the cost thereof attributable to the period following the expiration of the Term; provided, however, if Tenant thereafter extends the Term of the Lease, Landlord may recover the portion of the cost not previously recovered to the extent it falls within the period of the extended Term;
(xxiii) the amounts of any payments to Landlord or to subsidiaries or affiliates of Landlord for goods or services in the Building in excess of the cost of such goods or services if they were provided by unaffiliated third parties on a competitive basis;
(xxiv) costs of insured losses to the extent of insurance proceeds provided to Landlord, except payable by Tenant pursuant to Paragraph 20 of this Lease;
(xxv) any bad debt loss, rent loss, or reserves for bad debts or rent loss;
(xxvi) costs associated solely with the operating of the business of the entity which constitutes the Landlord, as the same are distinguished from the costs of operation of the Development by the Landlord (which shall specifically include, but not be limited to, accounting costs associated with the operation of the Development, costs of entity accounting and legal matters, costs of defending any lawsuits with any mortgagee, costs of selling, syndicating, financing, mortgaging or hypothecating any of the Landlord's interest in the Premises, and costs incurred in connection with any disputes between Landlord and its employees, or between Landlord and other tenants or occupants), and Landlord's general corporate overhead and general and administrative expenses;
(xxvii) costs arising from Landlord's charitable and political contributions;
(xxviii) any gifts provided to any entity whatsoever, including but not limited to, Tenant, other tenants, employees, vendors, contractors, prospective tenants and agents;
(xxix) any costs covered by any warranty, rebate, guarantee or service contract which are actually collected by Landlord (which shall not prohibit Landlord for passing through the costs of any such service contract if otherwise included in Operating Expenses);
(xxx) all items and services that Tenant reimburses Landlord for;
(xxxi) any expense resulting from the active or gross negligence or willful misconduct of Landlord, its agents, contractors or employees, to the extent Landlord is actually reimbursed for such costs, to remedy damage caused by or resulting from the negligence or willful misconduct of any licensees in the Project, including their agents, contractors and employees;
(xxxii) reserves for anticipated future expenses; and
(oxxxiii) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards insurance deductibles for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m.damage caused by earthquake, and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and underinsured portions of losses on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment account of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged damage to the Building during the period. If a separate meter is not installed at Tenant's costShell, such excess cost will be established by an estimate agreed upon by Landlord Site Improvements and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of LandlordCore Improvements.
Appears in 1 contract
Samples: Lease Agreement (Illumina Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of -------------------------------------- Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
(l) electric power costs for which any tenant directly contracts with the local public service company;; and
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. EXHIBIT "E" ----------- Page 2 EXHIBIT "E" ----------- Page 3 STANDARDS FOR UTILITIES AND SERVICES ------------------------------------ The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord, which charge shall be $45.00 per hour per floor during the original Lease Term), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o 45 degree angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o 45 degree angle upwards whenever the system is in operation; . Tenant agrees to cooperate fully at all times with Landlord, and (ii) to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approvalBuilding. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o 45 degree angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five six (56) wattx xxx xxxxx per square foot per normal business day (exclusive of the lighting fixtures and HVAC unit)day. Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
4. Water will be available in public areas for drinking and lavatory purposes only, but if Tenant requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes, of which fact Tenant constitutes Landlord to be the sole judge, Landlord may install a water meter and thereby measure Tenant's water consumption for all purposes. Tenant agrees to pay Landlord for the cost of the meter and the cost of the installation thereof and throughout the duration of Tenant's occupancy Tenant will keep said meter and installation equipment in good working order and repair at Tenant's own cost and expense, in default of which Landlord may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant. Tenant agrees to pay for water consumed, as shown on such meter, as and when bills are rendered, and on default in making such payment, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated will be deemed to be additional rent payable by Tenant and collectible by Landlord as such.
5. Landlord will provide janitor service to the Premises, provided the same are used exclusively as offices, and are kept reasonably in order by Tenant, and unless otherwise agreed to by Landlord and Tenant no one other than persons approved by Landlord shall be permitted to enter the Premises for such purposes. If the Premises are not used exclusively as offices, they will be kept clean and in order by Tenant, at Tenant's expense, and to the satisfaction of Landlord, and by persons approved by Landlord. Tenant agrees to pay to Landlord the cost of removal of any of Tenant's refuse and rubbish to the extent that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as offices.
6. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electrical systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, when in the judgment of Landlord such actions are desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, and Landlord will have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilating, air conditioning or electric service, when prevented from so doing by strike or accident or by any cause beyond Landlord's reasonable control, or by laws, rules, orders, ordinances, directions, regulations or by reason of the requirements of any federal, state, county or municipal authority or failure of gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel supply. It is expressly understood and agreed that any covenants on Landlord's part to furnish any services pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to EXHIBIT "F" ----------- perform any act or thing for the benefit of Tenant, will not be deemed breached if Landlord is unable to furnish or perform the same by virtue of a strike or labor trouble or any other cause whatsoever beyond Landlord's control. EXHIBIT "F" ----------- ESTOPPEL CERTIFICATE -------------------- The undersigned, ("Tenant"), -------------------------------------------------- hereby certifies to , as follows: --------------------------------------------- 1. Attached hereto is a true, correct and complete copy of that certain lease dated , 1993, between , a --------- ----------------------------------- ("Landlord") and Tenant (the "Lease"), regarding the premises located at (the "Premises"). The Lease is now in full force and effect --------------- and has not been amended, modified or supplemented, except as set forth in Paragraph 4 below.
Appears in 1 contract
Items Excluded from Operating Expenses. Notwithstanding the provisions -------------------------------------- of Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants Tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;; EXHIBIT "E" ----------- - 4 -
(j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
(l) electric electronic power costs for which any tenant directly contracts with the local public service company;; and
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. EXHIBIT "E" ----------- - 5 - STANDARDS FOR UTILITIES AND SERVICES ------------------------------------ The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and at other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or and heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o 45 angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o 45 angle upwards whenever the system is in operation; . Tenant agrees to cooperate fully at all times with Landlord, and (ii) to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approvalBuilding. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o 45 angle upwards. Such work will be charged at hourly rates equal to the then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five six (56) wattx xxx watts per square foot per normal business day (exclusive of the lighting fixtures and HVAC unit)busxxxxx day. Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt kilowatt-hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any EXHIBIT "F" ----------- - 1 - apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
4. Water will be available in public areas for drinking and lavatory purposes only, but if Tenant requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes, of which fact Tenant constitutes Landlord to be the sole judge, Landlord may install a water meter and thereby measure Tenant's water consumption for all purposes. Tenant agrees to pay Landlord for the cost of the meter and the cost of the installation thereof and throughout the duration of Tenant's occupancy Tenant will keep said meter and installation equipment in good working order and repair at Tenant's own cost and expense, in default of which Landlord may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant. Tenant agrees to pay for water consumed, as shown on such meter, as and when the bills are rendered, and on default in making such payment, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated will be deemed to be additional rent payable by Tenant and collectable by Landlord as such.
5. Landlord will provide janitor service to the Premises, provided the same are used exclusively as offices, and are kept reasonably in order by Tenant, and unless otherwise agreed to by Landlord and Tenant no other than persons approved by Landlord shall be permitted to enter the Premises for such purposes. If the Premises are not used exclusively as offices, they will be kept clean and in order by Tenant, at Tenant's expense, and to the satisfaction of Landlord, and by persons approved by Landlord. Tenant agrees to pay to Landlord the cost of removal of any of Tenant's refuse and rubbish to the extent that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as offices.
6. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electrical systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, when in the judgment of Landlord such actions are desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, and Landlord will have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilating, air conditioning or electric service, when prevented from so doing by strike or accident or by any cause beyond Landlord's reasonable control, or by laws, rules, orders, ordinances, directions, regulations or by reason of the requirements of any federal, state, county or municipal authority or failure of gas, oil or other suitable fuel supply or inability EXHIBIT "F" ----------- - 2 - by exercise of reasonable diligence to obtain gas, oil or other suitable fuel supply. It is expressly understood and agreed that any covenants on Landlord's part to furnish any services pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing fro the benefit of Tenant, will not be deemed breached if Landlord is unable to furnish or perform the same by virtue of a strike or labor trouble or any other cause whatsoever beyond Landlord's control. EXHIBIT "F" ----------- - 3 - ESTOPPEL CERTIFICATE -------------------- The undersigned, ("Tenant"), hereby -------------------------------------------- certifies to , as follows: ----------------------------------------
1. Attached hereto is a true, correct and complete copy of that certain lease dated , between , a ------------------- ----------------------------- ("Landlord") and Tenant (the "Lease"), regarding the -------------------- premises located at (the "Premises"). ------------------------------------- The Lease is now in full force and effect and has not been amended, modified or supplemented, except as set forth in Paragraph 4 below.
2. The Term of the Lease commenced on , ------------------------------ -------.
3. The Term of the Lease will expire on , ----------------------------- -------.
4. The Lease has (initial one)
Appears in 1 contract
Samples: Sublease (Thinka Weight Loss Corp)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 Subparagraphs 6(a) and 2 6(b) above to the contrary, "Operating Expenses" will not include:
(a) : Landlord's federal, state federal or local State income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) ; costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) ; depreciation, amortization and interest payments, except as specifically provided hereinabove, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) ; brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) ; costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; practices (provided, however, the capital expenditures set forth described in Subparagraph 1(mSUBPARAGRAPH 6(a) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on ); payments for any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) ; costs, including permit, license and inspection costs, incurred occurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' ; attorneys fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; Building (provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters [illegible] relating to the maintenance of standards required of Landlord under the Lease;
(j) ); except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse Landlord (other than through operating expense pass-through provisions);
(l) electric power costs for which any tenant directly contracts with the local public service company;
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.the
Appears in 1 contract
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs Paragraph 1 and 2 above to the contrary, "Operating Expenses" will not include:
: (a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
; (b) any ground lease rental;
; (c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard generally accepted accounting practices;
; (e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
Development; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard generally accepted accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m1(n) above will in any event be included in the definition of Operating Expenses;
; (g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
; (h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building Development (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the BuildingDevelopment, including space planning and interior design costs and fees;
; (i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the BuildingDevelopment; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the BuildingDevelopment, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
; (j) except for the administrative/management fees described in Subparagraph 1(h1(i) above, costs of Landlord's general corporate overhead;
; (k) all items and services for which Tenant or any other tenant in the Building is to reimburse Development reimburses Landlord (other than through operating expense pass-through provisions);
; (l) electric power costs for which any tenant directly contracts with the local public service company;
; (m) costs arising from Landlord's charitable or political contributions;
; and (n) transfer tax in connection with a sale of any costs relating to the Building; and
(o) costs arising from repair of defects in the original initial development and construction of the BuildingDevelopment. STANDARDS FOR UTILITIES AND SERVICES EXHIBIT "E" ESTOPPEL CERTIFICATE The following standards for utilities and services are in effect. Landlord reserves the right undersigned, _______________________________________________________ _______________ ("Tenant"), hereby certifies to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises_______________________________ ___________________________________, Landlord will provide or make available the following utilities and servicesas follows:
1. Provide non-attended automatic elevator facilities Monday through FridayAttached hereto is a true, correct and complete copy of that certain lease dated _________________________, 19__, between _______________ ("Landlord") and Tenant (the "Lease"), regarding the premises located at _______ ______________________________________________________________________ (the "Premises"). The Lease is now in full force and effect and has not been amended, modified or supplemented, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other timesas set forth in Paragraph 4 below.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy The Term of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatusLease commenced on ___________________________, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones19______.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Industrial Lease (Cutter & Buck Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs Paragraph 1 and 2 above to the contrary, "Operating Expenses" will not include:
: (a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
; (b) any ground lease rental;
; (c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
; (e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
Development; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
; (hg) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building Development (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the BuildingDevelopment, including space planning and interior design costs and fees;
; (ih) attorneys' fees fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants or occupants, and leasing commissions, attorneys' fees, improvement costs, space planning costs, permit, license and inspection costs and other costs and expenses incurred in connection with negotiations leasing space to, or disputes with present or negotiating with, prospective tenants or other occupants of the Buildingoccupants; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(ji) except for the administrative/management fees described in Subparagraph 1(h1(i) above, costs of Landlord's general corporate overhead;
; (kj) all items and services for which Tenant or any other tenant in the Building is to reimburse Development reimburses Landlord (other than through operating expense pass-through provisions);
; (lk) electric power utility or service costs for which any tenant directly contracts with the local public service company;
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Lease (Apria Healthcare Group Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease; provided, however, that to the extent that Landlord has a contractual or legal right to collect such costs and expenses from a particular tenant or occupant of the Building, Landlord agrees to make commercially reasonable efforts to collect such costs and expenses from such tenant or occupant and to include such costs and expenses in Operating Expenses only to the extent that Landlord's efforts are unsuccessful;
(j) except for the administrative/management fees described in Subparagraph 1(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
(l) electric power costs for which any tenant directly contracts with the local public service company;
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale costs occasioned by the exercise of the Building; andpower of eminent domain;
(o) costs arising from repair of defects to correct any construction defect in the original construction base building shell of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.;
Appears in 1 contract
Samples: Office Building Lease (Supergen Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above to the contrary, "“Operating Expenses" ” and/or “Real Property Taxes” will not include:
: (a) Landlord's federal, Lessor’s federal or state or local income, franchisefranchisee, inheritance or estate taxes;
; (b) any ground lease rental;
; (c) costs incurred by Landlord Lessor for the repair of damage to the Building to the extent that Landlord Lessor is reimbursed by insurance or condemnation proceeds or by tenantslessees, warrantors or other third persons;
; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord Lessor to enable Landlord Lessor to supply services Landlord Lessor might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's ’s services, all as determined in accordance with standard accounting practices;
; (e) brokerage commissions, finders' ’ fees, attorneys' ’ fees, space planning costs and other costs incurred by Landlord Lessor in leasing or attempting to lease space in the Building;
; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m1(n) above will in any event be included in the definition of Operating Expenses;
; (g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
Building; (h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant lessee improvements for tenants lessees in the Building (including the original Tenant Lessee Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants lessees or other occupants of the Building, including space planning and interior design costs and fees;
; (i) attorneys' ’ fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants lessees or other occupants of the Building; provided, however, that Operating Expenses and Real Property Taxes will include those attorneys' ’ fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating ExpensesExpenses and in Real Property Taxes, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord Lessor under the Lease;
; (j) except for the administrative/management fees described in Subparagraph 1(h1 (i) above, costs of Landlord's Lessor’s general corporate overhead;
, (k) all items and services for which Tenant Lessee or any other tenant lessee in the Building is to reimburse Landlord reimburses Lessor (other others than through operating expense expenses pass-through provisions);
; (l) electric power costs for which any tenant lessee directly contracts with the local public service company;
; and (m) costs arising from Landlord's Lessor’s charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Cotherix Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of --------------------------------------- Paragraphs 1 and 2 above to the contrary, "Operating Expenses" will not include:
(a) Landlord's federal, federal or state or local income, franchise, inheritance or estate taxes;
(b) any ground lease rental;
(c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(j) except for the administrative/management fees described in Subparagraph 1(hl(h) above, costs of Landlord's general corporate overhead;
(k) all items and services for which Tenant or any other tenant in the Building is to reimburse reimburses Landlord (other than through operating expense pass-through provisions);
(l) electric power costs for which any tenant directly contracts with the local public service company;; and
(m) costs arising from Landlord's charitable or political contributions;
(n) transfer tax in connection with a sale of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Office Building Lease (Virtual Mortgage Network Inc)
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 and 2 above foregoing to the contrary, "for purposes of this Lease “Operating Expenses" ” will not include:
: (a) Landlord's federal, ’s federal or state or local income, franchise, inheritance or estate taxes;
taxes or gross receipts tax; (b) any ground lease rental;
; (c) costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
(d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with standard accounting practices;
(e) brokerage commissions, finders' fees, attorneys' ’ fees, space planning costs and other costs incurred by Landlord in leasing or attempting to lease space in the Building;
(f) costs of a capital natureplanner’s fees, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m) above will in any event be included in the definition of Operating Expenses;
(g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
(h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises), or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
(i) attorneys' fees and other costs and expenses incurred solely in connection with Landlord’s negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord under the Lease;
(jd) except for the administrative/management fees and costs described in Subparagraph 1(hParagraphs 4.5(h) and 4.5(j) above, costs of Landlord's general corporate overhead;
, (ke) all items and services for which Tenant or any other tenant in the Building is to reimburse directly reimburses Landlord in full (other than through operating expense pass-through provisions);
; (lf) electric power costs or any other extraordinary services for which any tenant directly contracts with and pays directly the local public service company;
; (mg) costs arising from Landlord's ’s charitable or political contributions;
, (h) Landlord’s bad debt loss, rent loss or reserves or bad debt or rent loss , (i) wages and salaries of employees who do not devote substantially all of his or her employed time to the Building or Project unless such wages and benefits are prorated to reflect time spent providing work or services in connection with the Building or project as opposed to time spent on matters unrelated to the Building or Project, (j) any compensation paid to Landlord’s clerks, attendants or other persons in commercial concessions at the Building operated by Landlord, (k) costs to remove Hazardous Materials, mold and/or mildew present at the Building in violation of Hazardous Materials, mold and/or mildew laws and/or regulations, to the limited extent either (i) the presence of such as Hazardous Materials, mold and/or mildew was caused by the acts of Landlord and/or other tenants of Landlord, or (ii) such Hazardous Materials, mold and/or mildew were present at the Building prior to the date Tenant first takes possessions of the Premises and such presence is not due to the gross negligence or willful misconduct of Tenant and such presence was in violation of applicable environmental, mold and/or mildew laws in effect as of the date Tenant first takes possession of the premises, (I) amounts paid to Landlord’s subsidiaries or affiliates for Building services to the extent that such payments exceed the charges for comparable services rendered by an unaffiliated third party of comparable skill, competence, stature and reputation, (m) Landlord’s entertainment and dining expenses, (n) transfer tax Landlord’s membership fees or dues payable to trade associations, and industry associations or similar associations; (o) tenant improvements or tenant alterations to tenant spaces in connection with the Building, (p) costs incurred by Landlord (including attorneys’ fees) resulting solely from Landlord’s default in its lease obligations to a sale Building tenant, (q) flowers, gifts, balloons or similar items provided to any entity, including Tenant, or other tenants, employees, vendors, contractors, prospective tenants or agents, (r) advertising and promotional expenditures primarily directed towards leasing tenant space in the Building and the costs of signs in or on the Building (except for Building directories) identifying the owner of the Building, if there is any such sign, (s) costs incurred or cash consideration paid in renovating or otherwise decorating, painting or redecorating space for tenants or prospective tenants of the Building; and
(o) costs arising from repair of defects in the original construction of the Building. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Tenant remains in occupancy of the Premises, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on providing however that such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will not be responsible for room temperatures if Tenant exclusion does not (i) keep all window coverings in remove from Operating Expenses the Premises extended costs of ordinary maintenance supplied to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities tenants of the Building or the Development or adjust, tamper with, touch costs for renovating or otherwise improving, decorating, painting or redecorating the Common Areas of the Building, (t) the costs of any “tenant relations” parties, events or promotions, (u) tax penalties incurred solely as a result of Landlord’s negligence or inability in timely paying taxes or filling any manner affect said installations tax or facilities. The informational returns, when due, (v) job advertising costs for the hiring of personnel within Landlord’s or Landlord’s managers staff, (w) leasing brokerage commissions, (x) expenses in connections with the ground floor, or other floor, in the Building to the extent devoted to retail operations unless the square footage thereof is included in the rentable square footage computation for the Building, (y) any recalculations of or additional Operating Expenses actually incurred more than three (3) years prior to the year in which the Landlord proposes that such costs be included, (z) depreciation, interest and principal payments on mortgages or ground lease payments, specifically excluding, however, any amortization of repair and/or other items permitted pursuant to Section 4.5(m) above; (aa) costs, other than those incurred in ordinary maintenance or repair, for sculpture, paintings or other art objects in the Building, (bb) costs associated with the operation of the business of the partnership or entity which constitutes Landlord, as the same are distinguished from cost of maintenance and service calls relating to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats Building or Tenant's failure to comply with its obligations under this ExhibitProject, including keeping window coverings extended such costs not relating to the full length of Building or Project for partnership or corporate accounting and legal matters, defending lawsuits with mortgagees or for selling, syndicating, financing, mortgaging or hypothecating Landlord’s interest in the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zones.
3. Landlord will make available to the PremisesBuilding, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5cc) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be management fees in excess of the aforesaid quantity or extend beyond normal business hours, those authorized pursuant to reimburse Landlord monthly Section 4.5(h) above for the measured consumption at the average cost per kilowatt hour charged full range of management services provided by Landlord (and any management companies whose services were engaged by Landlord) to the Building for the applicable year in question at a level of quality equal to the highest quality management services then being offered in comparable office buildings; (dd) attorneys’ fees and costs incurred solely in connection with disputes between Landlord and the other owners of Buildings in the vicinity of the project, (ee) any cost and/or expenses incurred by Landlord to improve the non-structural character of the building, including but not limited to interior and exterior painting and/or surface treatments, landscaping improvements, decorative items and/or fixtures, new replacements doors to Premises and Building, restriping and painted designation of tenant parking spaces, and any other related items, as part of the program of renovation conducted by Landlord during the period. If a separate meter is first eighteen (18) months of the Lease Term; (ff) the premiums for any policies of insurance and/or Landmark National Bank Initials [ILLEGIBLE] Office Lease [ILLEGIBLE] 30182-00001 / 1798316.8 [Word] 1/7/03 insurance endorsements providing insurance coverage for events of earthquakes and the discovery, removal and/or abatement of mold and/or mildew at the Project; (gg) the premiums for any policies of insurance and/or insurance endorsements for rental interruption for the benefit of Landlord; (hh) any obligations of Landlord to reimburse Tenant or any other tenant for maintenance of Landlord’s insurance obligations for the Project, including but not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by limited to the manner set forth in Section 18.1(c) below; (ii) any obligations of Landlord and Tenantto indemnify Tenant pursuant to Section 19.22 below; (jj) any maintenance and/or repair obligations of Landlord identified pursuant to 1.18 above, and if the parties fail (kk) except as included in Operating Expenses pursuant to agreeSection 4.5(m) above, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlordcapital improvements.
Appears in 1 contract
Items Excluded from Operating Expenses. Notwithstanding the provisions of Paragraphs 1 Subparagraphs (i) and 2 (ii) above to the contrary, "“Operating Expenses" ” will not include:
: (a) Landlord's federal, Lessor’s federal or state or local income, franchisefranchisee, inheritance or estate taxes;
; (b) any ground lease rental;
; (c) costs incurred by Landlord Lessor for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third persons;
Building; (d) depreciation, amortization and interest payments, except as specifically provided herein, and except on materials, tools, supplies and vendor-type equipment purchased by Landlord Lessor to enable Landlord Lessor to supply services Landlord Lessor might otherwise contract for with a third party, where such depreciation, amortization and interest Interest payments would otherwise have been included in the charge for such third party's ’s services, all as determined in accordance with standard accounting practices;
; (e) brokerage commissions, finders' ’ fees, attorneys' ’ fees, space planning costs and other costs incurred by Landlord Lessor in leasing or attempting to lease space in the Building;
; (f) costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, all as determined in accordance with standard accounting practices; provided, however, the capital expenditures set forth in Subparagraph 1(m(i)(n) above will in any event be included in the definition of Operating Expenses;
; (g) interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt encumbering the Building or the Development;
Project; (h) costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements for tenants in the Building (including the original Tenant Improvements for the Premises)Building, or incurred in renovating or otherwise improving, decorating, painting or redecorating space for tenants or other occupants of the Building, including space planning and interior design costs and fees;
; (i) attorneys' ’ fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building; provided, however, that Operating Expenses will include those attorneys' ’ fees and other costs and expenses incurred in connection with negotiations, disputes or claims relating to items of Operating Expenses, enforcement of rules and regulations of the Building, and such other matters relating to the maintenance of standards required of Landlord Lessor under the Lease;
; (j) except for the administrative/management fees described in Subparagraph 1(h(i) above, costs of Landlord's Lessor’s general corporate overhead;
, (k) all items and services for which Tenant Lessee or any other tenant in the Building is to reimburse Landlord reimburses Lessor (other others than through operating expense expenses pass-through provisions);
; (l) electric power costs for which any tenant directly contracts with the local public service company;
; (m) costs arising from Landlord's Lessor’s charitable or political contributions;
; and (n) transfer tax any Increases in connection with Real Property Taxes and Assessments resulting from a sale reassessment of the Building; and
(o) costs arising Project following a change of ownership if the change of ownership occurs prior to January 1, 2006, and 50% of any increases in Real Property Taxes and Assessments resulting from repair of defects in the original construction a reassessment of the BuildingProject following a change of ownership if the change of ownership occurs after December 31, 2005 but prior to January 1, 2008. STANDARDS FOR UTILITIES AND SERVICES The following standards for utilities Increases in Real Property Taxes and services are in effect. Landlord reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions Assessments resulting from a reassessment of the Lease and provided Tenant remains in occupancy Project following a change of the Premisesownership that occurs after December 31, Landlord will provide or make available the following utilities and services:
1. Provide non-attended automatic elevator facilities Monday through Friday, except holidays, from 8 a.m. to 6 p.m., and have one elevator available for Tenant's use at all other times.
2. On Monday through Friday, except holidays, from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 12 Noon (and other times for a reasonable additional charge to be fixed by Landlord), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises. The air conditioning system achieves maximum cooling when the window coverings are extended to the full length of the window opening and adjusted to a 45o angle upwards. Tenant acknowledges and agrees that Landlord will 2007 shall not be responsible for room temperatures if Tenant does not (i) keep all window coverings in the Premises extended to the full length of the window opening and adjusted to a 45o angle upwards whenever the system is in operation; and (ii) abide by all reasonable regulations and requirements which Landlord may prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building without Landlord's reasonable prior written approval. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Development or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Tenant if the need for maintenance work results excluded from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Exhibit, including keeping window coverings extended to the full length of the window opening and adjusted to a 45o angle upwards. Such work will be charged at hourly rates equal to then-current journeyman's wages for air conditioning mechanics. Landlord acknowledges that the HVAC system for the Building will allow for separate zone control based on separate 1,000 square foot zonesOperating Expenses.
3. Landlord will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment in an amount not to exceed five (5) wattx xxx square foot per normal business day (exclusive of the lighting fixtures and HVAC unit). Tenant agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a separate meter is not installed at Tenant's cost, such excess cost will be established by an estimate agreed upon by Landlord and Tenant, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Landlord's reasonable discretion, whose fee shall be shared equally by Landlord and Tenant. Tenant agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord. Should Tenant use the same to excess, the refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the rights therein granted for such breach. Tenant's use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Tenants will not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord.
Appears in 1 contract
Samples: Office Lease (Ign Entertainment Inc)
