Janitorial Service. Landlord shall furnish janitorial service in accordance with the standards set forth on Appendix H. In the event Tenant determines that such janitorial service is unsatisfactory, in Tenant’s reasonable judgment, Tenant shall deliver written notice to Landlord specifying in detail the manner in which such service is deemed deficient. If the deficiencies are not, in Tenant’s reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice directing Landlord to terminate the contract for the applicable contractor providing such service to the Premises, subject to and in accordance with the termination provisions of such contract. Landlord shall cause such janitorial service contract that Tenant has the right to cause the termination of pursuant hereto to be terminable on not more than sixty (60) days prior notice. If Tenant delivers such notice of termination, Landlord shall terminate such contract. Promptly thereafter, Landlord shall enter into a new contract for the janitorial service with a contractor mutually agreeable to Landlord and Tenant. The foregoing, notwithstanding Tenant shall have the right, upon no less than ninety (90) days prior written notice to Landlord, to elect not to receive the janitorial services provided by Landlord and to provide such services itself with respect to the Premises. If Tenant elects to provide such cleaning services to the Premises (i) such change shall be implemented upon expiration of Landlord’s then current cleaning contract for the Premises, such cleaning contract to have a term not in excess of one (1) year, (ii) Tenant shall comply with reasonable procedures established by Landlord with respect to Tenant’s cleaning activities, including security procedures, (iii) Tenant shall perform such cleaning services with personnel employed by Tenant or its affiliates, and not an unrelated third party contractor, and (iv) the costs of the nighttime cleaning contract shall no longer be an Operating Cost, such adjustment to be applied from and after the date on which Tenant assumes such responsibility for cleaning the Premises (such adjustment to be pro-rated for the year in which Tenant assumes such responsibility).
Appears in 2 contracts
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease Agreement (Wells Real Estate Investment Trust Inc)
Janitorial Service. Landlord shall furnish Any janitorial service to be provided by Landlord under the terms of Section 8.1.1(c) of the Lease shall be provided on weekdays only, exclusive of Holidays. Notwithstanding anything to the contrary in accordance with the standards set forth on Appendix H. In Lease, in the event janitorial services are not being provided in a manner comparable to that provided for comparable first-class buildings in the metropolitan Washington, D.C. area and pursuant to Exhibit F to the Lease, and Tenant determines that such janitorial service is unsatisfactory, in Tenant’s reasonable judgment, Tenant shall deliver has provided Landlord written notice to Landlord specifying in detail the manner in which such service is deemed deficient. If the deficiencies are not, in Tenant’s reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice directing Landlord to terminate the contract for the applicable contractor providing such service to the Premises, subject to thereof and in accordance with the termination provisions of such contract. Landlord shall cause such janitorial service contract that Tenant has the right to cause the termination of pursuant hereto to be terminable on not more than sixty (60) days prior notice. If Tenant delivers in which to cure such notice of terminationdefault, during which sixty (60) day period Landlord shall terminate such contract. Promptly thereafterhas failed to cure the same to Tenant's reasonable satisfaction, Landlord shall enter into a new contract for the janitorial service with a contractor mutually agreeable to Landlord and Tenant. The foregoing, notwithstanding Tenant shall have the rightthen, upon no less than ninety (90) days prior written notice to Landlord, Tenant shall have the right to elect not employ its own janitorial company to receive clean the janitorial services provided by Landlord Premises and to collect and remove waste products in accordance with the applicable laws and regulations. In such case, (1) Landlord shall have the right, in its reasonable discretion, to approve such janitorial company and set reasonable rules and regulations in connection with such janitorial company's access to and use of the Building, (2) Landlord's obligation set forth in Section 8.1.1(c) of the Lease shall cease on and after the date Tenant gives written notice of its election to employ its own janitorial company (unless Tenant thereafter requests, in writing, that Landlord provide such services itself with respect to again) and (3) on or after the Premises. If Tenant elects to provide such cleaning date Tenant's janitorial company commences providing janitorial services to the Premises (i) such change shall be implemented upon expiration of Landlord’s then current cleaning contract for the Premises, Annual Operating Costs shall not include expenses for janitorial services and cleaning supplies in connection with the space which is leased or leasable to other tenants in the Building (specifically excluding common areas), provided, however, in the event Tenant thereafter requests, in writing, that Landlord provide such cleaning contract to have a term not in excess of one (1) yearjanitorial services again, (ii) then Annual Operating Costs shall include such expenses. Tenant shall comply with reasonable procedures established by indemnify and hold harmless Landlord with respect to for all acts and omissions of Tenant’s cleaning activities's janitorial company and its agents, employees and invitees and any damages, costs, expenses, liabilities and lawsuits arising therefrom, including security procedures, (iii) Tenant shall perform such cleaning services with personnel employed by Tenant or its affiliates, reasonable attorneys' fees and not an unrelated third party contractor, and (iv) the costs expenses of the nighttime cleaning contract shall no longer be an Operating Cost, such adjustment to be applied from and after the date on which Tenant assumes such responsibility for cleaning the Premises (such adjustment to be pro-rated for the year in which Tenant assumes such responsibility)Landlord.
Appears in 1 contract
Janitorial Service. Landlord shall furnish janitorial service Notwithstanding anything to the contrary contained herein, so long as Tenant is not in accordance with the standards set forth on Appendix H. In the event Tenant determines that such janitorial service is unsatisfactory, in Tenant’s reasonable judgmentdefault under its obligations under this Lease, Tenant shall deliver written notice to Landlord specifying in detail the manner in which such service is deemed deficient. If the deficiencies are not, in Tenant’s reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice directing Landlord to terminate the contract for the applicable contractor providing such service to the Premises, subject to and in accordance with the termination provisions of such contract. Landlord shall cause such its own janitorial service contract that Tenant has the right to cause the termination of pursuant hereto to be terminable on not more than sixty (60) days prior notice. If Tenant delivers such notice of termination, Landlord shall terminate such contract. Promptly thereafter, Landlord shall enter into a new contract for the janitorial service with a contractor mutually agreeable to Landlord and Tenant. The foregoing, notwithstanding Tenant shall have the right, upon no less than ninety (90) days prior written notice to Landlord, to elect not to receive the janitorial services provided by Landlord and to provide such services itself with respect to the Premises. If Tenant elects to provide such cleaning services to the Premises (iand, if Tenant leases an entire floor of the Building, the restrooms on such floor as well), provided that such janitorial services meet Landlord's minimum specifications ("Janitorial Specifications") such change allocated to the party identified as "Contractor" as shown in Schedule 4 attached hereto and by this reference incorporated herein and, further, provided that Tenant complies with all legal, regulatory and environmental requirements including, without limitation, all requirements of law and the requirements established by the Occupational Safety and Health Act. Tenant's obligations to comply with the Janitorial Specifications as provided herein apply only to the Premises. In the event that Landlord determines that Tenant has failed to maintain the Premises in accordance with the Janitorial Specifications as provided herein, or in the event that Landlord reasonably determines that Tenant's provision of janitorial services to the Premises results in an unreasonable disruption to the Building or its operation, Landlord, by written notice, may require Tenant to use the janitorial services regularly provided to other tenants in the Building. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES COMMENCE ON NEXT PAGE] IN WITNESS WHEREOF, the undersigned have caused their duly authorized representatives to execute the foregoing on the dates set forth below, to be effective as of the day and year first written above. LANDLORD: TAC 000 Xxxxx Xx. LLC, a Delaware limited liability company By: , a By: Print Name: Title: Date of Execution: TENANT: By: Name: Title: Date of Execution: SCHEDULE 1 PREMISES SCHEDULE 2 RULES AND REGULATIONS Rule 1. Unless otherwise provided in the Lease to which this Schedule is attached, no sign, picture, advertisement, or notice shall be implemented upon expiration displayed, inscribed, painted or affixed on any part of Landlord’s then current cleaning contract for the outside or inside of the building, or on or about the Premises, except on the glass of the entry door of the Premises, and then only of such cleaning contract color, size, style and materials as shall be first specified by Landlord in writing. No “For Rent” signs shall be displayed by Tenant, and no showcases, obstructions, signs, flags, xxxxxx poles, statuary, or any advertising device of any kind whatever shall be placed in front of the Building or in the passageways, halls, lobbies, or corridors thereof by Tenant. Landlord reserves the right to have a term not in excess of one (1) yearremove all such showcases, (ii) obstructions, signs, flags, xxxxxx poles, statuary, or advertising devices and all signs other than those provided for, without notice to Tenant and at Tenant’s expense. Rule 2. Tenant shall comply with reasonable procedures established by Landlord with respect to Tenantnot, without Landlord’s cleaning activitieswritten consent, including security proceduresput up or operate any steam engine, (iii) Tenant shall perform such cleaning services with personnel employed by Tenant boiler, machinery or its affiliatesstove upon the Premises, and not an unrelated third party contractoror carry on any mechanical business therein, and (iv) the costs of the nighttime cleaning contract shall no longer be an Operating Cost, such adjustment or use or allow to be applied from used upon the demises oil burning fluids, camphene, kerosene for heating, warming or lighting, or anything (except as may be supplying the Building for illuminating the Premises). No article deemed extra hazardous on account of fire and after no explosives shall be brought into the date on which Tenant assumes such responsibility for cleaning the Premises (such adjustment to be pro-rated for the year in which Tenant assumes such responsibility)Premises.
Appears in 1 contract
Samples: Office Lease Agreement
Janitorial Service. Landlord shall also furnish janitorial service and ------------------ cleaning services as set forth in accordance with Appendix B, on Monday through Friday, Holidays excepted. Tenant shall not provide janitor services in the Premises without the prior written consent of Landlord and then only at Tenant's sole responsibility, cost and expense, by contractors or employees at all times satisfactory to Landlord in its sole discretion. Notwithstanding the foregoing, if the persons providing janitorial services for Landlord do not meet the security standards established by Tenant or if such persons at any time during the term of the Lease pose a security risk, as reasonably determined by Tenant, or if the services provided by Landlord do not meet the standards set forth on Appendix H. In B, then Tenant shall give written notice thereof to the event Tenant determines that such janitorial service Landlord. If the problem stated in the notice is unsatisfactory, in Tenant’s reasonable judgmentnot corrected by Landlord on or before thirty (30) days following said notice, Tenant shall deliver written notice be permitted to Landlord specifying in detail provide its own janitorial services. Tenant shall obtain Landlord's approval of the manner in which persons and/or entities providing janitorial services on behalf of Tenant unless such service is deemed deficient. If the deficiencies services are not, in provided by employees of Tenant or Tenant’s reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice directing Landlord to terminate the contract for the applicable contractor providing such service to the Premises, subject to and in accordance with the termination provisions of such contract's holding company. Landlord shall cause such janitorial service contract that hereby approves the use by Tenant has of its employees or the right to cause the termination employees of pursuant hereto to be terminable on not more than sixty (60) days prior notice. If Tenant delivers such notice of termination, Landlord shall terminate such contract. Promptly thereafter, Landlord shall enter into a new contract for the janitorial service with a contractor mutually agreeable to Landlord and Tenant. The foregoing, notwithstanding Tenant shall have the right, upon no less than ninety (90) days prior written notice to Landlord, to elect not to receive the janitorial services provided by Landlord and 's holding company to provide such services itself with respect to services. Regardless of whether Tenant uses its own employees or employees of the Premises. If Tenant elects holding company or a third party to provide janitorial services, if Tenant provides its own janitorial services, the provision of such cleaning services to and the Premises (i) persons and/or entities providing such change services shall be implemented upon expiration of subject to rules and regulations reasonably imposed by Landlord’s then current cleaning contract for the Premises, such cleaning contract to have a term not in excess of one (1) year, (ii) Tenant shall comply with reasonable procedures established by Landlord with respect to Tenant’s cleaning activities, including security procedures, (iii) Tenant shall perform such cleaning services with personnel employed by Tenant or its affiliates, and not an unrelated third party contractor, and (iv) the costs of the nighttime cleaning contract shall no longer be an Operating Cost, such adjustment to be applied from and after the date on which Tenant assumes such responsibility for cleaning the Premises (such adjustment to be pro-rated for the year in which Tenant assumes such responsibility).
Appears in 1 contract
Samples: Indenture (Metavante Corp)
Janitorial Service. Landlord shall furnish janitorial service as generally provided to other tenants in the Building and in accordance with the standards set forth on Appendix H. In the event Tenant determines that such janitorial service is unsatisfactory, in Tenant’s reasonable judgment, Tenant shall deliver written notice to Landlord specifying in detail the manner in which such service is deemed deficient. If the deficiencies are not, in Tenant’s reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice directing Landlord to terminate the contract for the applicable contractor providing such service to the Premises, subject to and in accordance with the termination provisions of such contract. Landlord shall cause such janitorial service contract that Tenant has the right to cause the termination of pursuant hereto to be terminable on not more than sixty (60) days prior notice. If Tenant delivers such notice of termination, Landlord shall terminate such contract. Promptly thereafter, Landlord shall enter into a new contract for the janitorial service with a contractor mutually agreeable to Landlord and Tenant. The foregoing, notwithstanding Tenant shall have the right, upon no less than ninety (90) days prior written notice to Landlord, to elect not to receive the janitorial services provided by Landlord and to provide such services itself with respect to the Premises. If Tenant elects to provide such cleaning services to the Premises (i) such change shall be implemented upon expiration of Landlord’s then current cleaning contract for the Premises, such cleaning contract to have a term not in excess of one (1) year, (ii) Tenant shall comply with reasonable procedures established by Landlord with respect to Tenant’s cleaning activities, including security procedures, (iii) Tenant shall perform such cleaning services with personnel employed by Tenant or its affiliates, and not an unrelated third party contractor, and (iv) the costs of the nighttime cleaning contract shall no longer be an Operating Cost, such adjustment to be applied from and after the date on which Tenant assumes such responsibility for cleaning the Premises (such adjustment to be pro-rated for the year in which Tenant assumes such responsibility).
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Janitorial Service. Landlord shall also furnish janitorial service and cleaning services as set forth in accordance with Appendix B, on Monday through Friday, Holidays excepted. Tenant shall not provide janitor services in the Premises without the prior written consent of Landlord and then only at Tenant's sole responsibility, cost and expense, by contractors or employees at all times satisfactory to Landlord in its sole discretion. Notwithstanding the foregoing, if the persons providing janitorial services for Landlord do not meet the security standards established by Tenant or if such persons at any time during the term of the Lease pose a security risk, as reasonably determined by Tenant, or if the services provided by Landlord do not meet the standards set forth on Appendix H. In B, then Tenant shall give written notice thereof to the event Tenant determines that such janitorial service Landlord. If the problem stated in the notice is unsatisfactory, in Tenant’s reasonable judgmentnot corrected by Landlord on or before thirty (30) days following said notice, Tenant shall deliver written notice be permitted to Landlord specifying in detail provide its own janitorial services. Tenant shall obtain Landlord's approval of the manner in which persons and/or entities providing janitorial services on behalf of Tenant unless such service is deemed deficient. If the deficiencies services are not, in provided by employees of Tenant or Tenant’s reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice directing Landlord to terminate the contract for the applicable contractor providing such service to the Premises, subject to and in accordance with the termination provisions of such contract's holding company. Landlord shall cause such janitorial service contract that hereby approves the use by Tenant has of its employees or the right to cause the termination employees of pursuant hereto to be terminable on not more than sixty (60) days prior notice. If Tenant delivers such notice of termination, Landlord shall terminate such contract. Promptly thereafter, Landlord shall enter into a new contract for the janitorial service with a contractor mutually agreeable to Landlord and Tenant. The foregoing, notwithstanding Tenant shall have the right, upon no less than ninety (90) days prior written notice to Landlord, to elect not to receive the janitorial services provided by Landlord and 's holding company to provide such services itself with respect to services. Regardless of whether Tenant uses its own employees or employees of the Premises. If Tenant elects holding company or a third party to provide janitorial services, if Tenant provides its own janitorial services, the provision of such cleaning services to and the Premises (i) persons and/or entities providing such change services shall be implemented upon expiration of subject to rules and regulations reasonably imposed by Landlord’s then current cleaning contract for the Premises, such cleaning contract to have a term not in excess of one (1) year, (ii) Tenant shall comply with reasonable procedures established by Landlord with respect to Tenant’s cleaning activities, including security procedures, (iii) Tenant shall perform such cleaning services with personnel employed by Tenant or its affiliates, and not an unrelated third party contractor, and (iv) the costs of the nighttime cleaning contract shall no longer be an Operating Cost, such adjustment to be applied from and after the date on which Tenant assumes such responsibility for cleaning the Premises (such adjustment to be pro-rated for the year in which Tenant assumes such responsibility).
Appears in 1 contract
Samples: Indenture (Metavante Corp)
Janitorial Service. Landlord shall furnish janitorial service in accordance with the standards Premises pursuant to the janitorial specifications set forth on Appendix H. In the event Tenant determines that such janitorial service is unsatisfactoryE attached hereto and made a part hereof. If, in Tenant’s reasonable judgmentopinion, Tenant shall deliver written notice to Landlord specifying in detail the manner in which such service is deemed deficient. If the deficiencies are not, in Tenant’s reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice directing Landlord to terminate the contract for the applicable contractor providing such service to the Premises, subject to and in accordance with the termination provisions of such contract. Landlord shall cause such janitorial service contract that Tenant has the right to cause the termination of pursuant hereto to be terminable on not more than sixty (60) days prior notice. If Tenant delivers such notice of termination, Landlord shall terminate such contract. Promptly thereafter, Landlord shall enter into a new contract for the janitorial and cleaning service with a contractor mutually agreeable to Landlord and Tenant. The foregoingin the Building or the Premises is not satisfactory, notwithstanding Tenant shall have the right, after notice to Landlord and the expiration of a thirty (30) day cure period, to request that Landlord interview and retain a different janitorial contractor. Such replacement janitorial contractor shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be effective upon no termination of any then-existing janitorial services contract in accordance with the rights permitted thereunder. In the alternative, Tenant may elect to provide janitorial and cleaning service to the Premises through a direct contract with a janitorial services firm of Tenant’s selection. In the event Tenant elects to instead furnish its own janitorial service for its Premises, it shall deliver written notice of such election to Landlord not less than ninety (90) 90 days prior written to the proposed date on which Tenant desires to substitute its own janitorial service. Tenant’s right to substitute its own janitorial service shall be subject to the following conditions: (i) on the date that Tenant delivers its notice to Landlord, to elect not to receive and at all times during the period in which Tenant furnishes its own janitorial services provided by Landlord service, Tenant leases and to provide such services itself with respect to is paying Rent on at least 100,000 rentable square feet of space in the Premises. If Tenant elects to provide such cleaning services to the Premises (i) such change shall be implemented upon expiration of Landlord’s then current cleaning contract for the Premises, such cleaning contract to have a term not in excess of one (1) year, Building; (ii) on the date that Tenant shall comply with reasonable procedures established by Landlord with respect delivers its notice to Tenant’s cleaning activitiesLandlord, including security proceduresand on the date Tenant actually commences to furnish its own janitorial service, Tenant is not in default under the Lease beyond any applicable notice and cure periods; (iii) Tenant at all times causes the janitorial service to be performed by a contractor reasonably acceptable to Landlord and in a manner consistent with comparable office buildings in the vicinity of the Building as reasonably determined by Landlord and consistent with the terms of this Lease; (iv) any party furnishing such service on behalf of Tenant shall perform such cleaning maintain all insurance and bonding requirements reasonably required by Landlord and shall work in harmony with all other contractors providing services with personnel employed from time to time to the Building; (v) Tenant shall indemnify, defend and hold harmless Landlord and its officers, directors, employees and agents against any claim by Tenant for injury to any person or its affiliates, and not an unrelated third party contractordamage to or loss of any property arising from the Tenant’s furnishing of janitorial services, and (ivvi) any substitution of janitorial service in the costs of the nighttime cleaning contract Premises by Tenant shall no longer be an Operating Cost, such adjustment to be applied from and after commence only upon the date on which Tenant assumes Landlord is able to terminate Landlord’s contract for such responsibility for cleaning services in the Premises (Premises, and Landlord shall not be obligated to terminate any such adjustment contract prior to be pro-rated for the year in which Tenant assumes such responsibility)date.
Appears in 1 contract
Samples: Lease (United Stationers Inc)