Janitorial Services. Landlord, as part of Operating Costs, shall provide janitorial services in the Premises and arrange for trash removal and recycling services from the Premises. Notwithstanding the forgoing, Tenant shall have the right to provide janitorial services to the Premises at Tenant’s sole cost and expense, in lieu of using the janitorial service provided by Landlord, provided (a) Tenant gives Landlord prior written notice that Tenant intends to provide such service, which notice shall specify the name of the janitorial service provider Tenant desires to use and the date Tenant desires to commence providing such service (which notice may be given prior to the Commencement Date), (b) Tenant shall not be permitted to use more than one janitorial service provider to provide janitorial services to the Premises (so that different portions of the Premises may not be cleaned by different janitorial service providers), (c) Tenant obtains Landlord’s prior written approval (not to be unreasonably withheld or delayed) of such janitorial service provider (or any replacement for such provider), (d) Tenant’s janitorial service provider provides janitorial and recycling services for the Premises on weekdays during the Term (exclusive of holidays) in accordance with cleaning specifications that are reasonable and customary for the first class office space, (e) Tenant’s provision of janitorial services does not cause any labor disharmony or disruption (subject to the following terms of this Section), (f) Tenant’s janitorial service provider is bonded and maintains at all times insurance reasonably required by Landlord (and furnishes evidence to Landlord of such insurance upon request from Landlord, which evidence may include, without limitation, a certificate of insurance, if requested by Landlord) and (g) Landlord shall have the right to require Tenant to cause its janitorial service provider to use “green” cleaning products and equipment to clean the Premises or, if Landlord is maintaining or seeking to obtain a LEED certification for the Building, such products and equipment as are required to be used in order to obtain or maintain such certification. Once Tenant has obtained the necessary approvals from Landlord, Landlord and Tenant shall coordinate to select a date on which Tenant shall commence to provide janitorial services to the Premises and Tenant shall commence to provide such services in accordance with this Section 8.5 on the date agreed upon, using the janitorial service provider approved by Landlord (the “Approved Janitorial Contractor”) and from and after such date Landlord shall have no further obligation to provide janitorial services to the Premises, except as set forth in the next sentence. If Tenant subsequently elects not to provide janitorial services to the Premises in accordance with this Section 8.5, Landlord agrees to resume providing janitorial services to the Premises in the manner specified above, upon at least 30 days’ prior written notice from Tenant and, thereafter, Tenant shall have no further right to provide janitorial services to the Premises. Landlord will not unreasonably withhold its consent to Tenant’s janitorial service provider as long as such provider is a reputable, adequately bonded and insured company (in Landlord’s reasonable judgment) with experience cleaning office space in commercial buildings and will not cause labor disharmony or disruption at the Building. If the presence of Tenant’s Approved Janitorial Contractor at the Building causes labor disharmony or disruption (as determined by Landlord), Tenant shall take any actions reasonably necessary to resolve such disruption, including having any pickets removed and, at the request of Landlord, suspending any work being performed in the Premises giving rise to such dispute until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld or delayed). If such dispute cannot be resolved within a reasonable period of time, Tenant’s right to provide such janitorial services to the Premises shall terminate, and Landlord shall provide janitorial services to the Premises in the manner specified above.
Appears in 3 contracts
Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Janitorial Services. All cleaning and janitorial services for the Premises, including regular removal of trash and debris and the washing of all windows in the Premises, all in a manner consistent with Master Landlord, as part of Operating Costs’s commercially reasonable janitorial standards established for the Building, shall provide be performed and obtained at Subtenant’s sole cost and expense exclusively by or through Master Landlord’s janitorial contractors. Prior to the Commencement Date, Subtenant shall contract directly with Master Landlord’s janitorial contractors for the Project and the janitorial contract for the same must be approved in writing by Master Landlord in advance. Subtenant acknowledges and agrees that Master Landlord shall have the right, from time to time, to change its designated janitorial services provider for the Building, in which event Subtenant shall terminate its contract with Master Landlord’s previously designated janitorial services provider and enter into a contract with Master Landlord’s newly designated janitorial services provider. Further, Master Landlord shall have the right to inspect the Premises for purposes of confirming that Subtenant is cleaning the Premises as required by this Section 7, and to require Subtenant to provide additional cleaning, if necessary. In the event Subtenant shall fail to provide any of the services described in this Section 7 within five (5) business days after notice from Master Landlord or Sublandlord, which notice shall not be required in the Premises and arrange for trash removal and recycling services from the Premises. Notwithstanding the forgoingevent of an emergency, Tenant then Master Landlord or Sublandlord shall have the right to provide janitorial such services and any charge or cost incurred by Master Landlord or Sublandlord in connection therewith shall be deemed Additional Rent due and payable by Subtenant upon receipt by Subtenant of a written statement of cost. Failure of Subtenant to the Premises at Tenant’s sole cost and expense, in lieu of using the janitorial service provided by Landlord, provided (a) Tenant gives Landlord prior written notice that Tenant intends to provide such service, which notice shall specify the name comply with any one or more of the janitorial service provider Tenant desires to use and the date Tenant desires to commence providing such service (which notice may foregoing provisions shall be given prior to the Commencement Date), (b) Tenant shall not be permitted to use more than one janitorial service provider to provide janitorial services to the Premises (so that different portions of the Premises may not be cleaned by different janitorial service providers), (c) Tenant obtains Landlord’s prior written approval (not deemed to be unreasonably withheld or delayed) of such janitorial service provider (or any replacement for such provider), (d) Tenant’s janitorial service provider provides janitorial and recycling services for the Premises on weekdays during the Term (exclusive of holidays) in accordance with cleaning specifications that are reasonable and customary for the first class office space, (e) Tenant’s provision of janitorial services does not cause any labor disharmony or disruption (subject to the following terms of a default under this Section), (f) Tenant’s janitorial service provider is bonded and maintains at all times insurance reasonably required by Landlord (and furnishes evidence to Landlord of such insurance upon request from Landlord, which evidence may include, without limitation, a certificate of insurance, if requested by Landlord) and (g) Landlord shall have the right to require Tenant to cause its janitorial service provider to use “green” cleaning products and equipment to clean the Premises or, if Landlord is maintaining or seeking to obtain a LEED certification for the Building, such products and equipment as are required to be used in order to obtain or maintain such certification. Once Tenant has obtained the necessary approvals from Landlord, Landlord and Tenant shall coordinate to select a date on which Tenant shall commence to provide janitorial services to the Premises and Tenant shall commence to provide such services in accordance with this Section 8.5 on the date agreed upon, using the janitorial service provider approved by Landlord (the “Approved Janitorial Contractor”) and from and after such date Landlord shall have no further obligation to provide janitorial services to the Premises, except as set forth in the next sentence. If Tenant subsequently elects not to provide janitorial services to the Premises in accordance with this Section 8.5, Landlord agrees to resume providing janitorial services to the Premises in the manner specified above, upon at least 30 days’ prior written notice from Tenant and, thereafter, Tenant shall have no further right to provide janitorial services to the Premises. Landlord will not unreasonably withhold its consent to Tenant’s janitorial service provider as long as such provider is a reputable, adequately bonded and insured company (in Landlord’s reasonable judgment) with experience cleaning office space in commercial buildings and will not cause labor disharmony or disruption at the Building. If the presence of Tenant’s Approved Janitorial Contractor at the Building causes labor disharmony or disruption (as determined by Landlord), Tenant shall take any actions reasonably necessary to resolve such disruption, including having any pickets removed and, at the request of Landlord, suspending any work being performed in the Premises giving rise to such dispute until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld or delayed). If such dispute cannot be resolved within a reasonable period of time, Tenant’s right to provide such janitorial services to the Premises shall terminate, and Landlord shall provide janitorial services to the Premises in the manner specified aboveSublease.
Appears in 1 contract
Samples: Office Lease (Amplitude, Inc.)
Janitorial Services. Landlord, as part of Operating Costs, 6.1.5.1 Landlord shall provide Building standard janitorial services to the Premises, except on the dates of observation of the Holidays, in and about the Premises and arrange for trash removal window washing services in a manner consistent with other Comparable Buildings in accordance with Exhibit L attached hereto. Notwithstanding the foregoing, Tenant hereby acknowledges and recycling agrees that Landlord shall have no obligation to provide any janitorial services from to any Cafeteria or Fitness Center located at the Premises. Notwithstanding the forgoingforegoing, Tenant shall have the right right, upon not less than sixty (60) days’ prior written notice to Landlord, to elect to provide all janitorial services, equipment and supplies and customary cleaning of the Premises (which, for the avoidance of doubt, shall include the Must-Take Space regardless of whether Tenant provides such notice prior to the Must-Take Effective Date) through Tenant’s employees or through a third party janitorial company, provided that such janitorial and cleaning services shall be performed in a manner and on a cleaning schedule consistent with Exhibit L attached hereto, and Tenant shall pay the cost of such contract directly to such janitorial services provider. Tenant agrees to include Landlord’s then-current janitorial company serving the Building in such bidding process for Tenant’s janitorial contract. Any third party janitorial company retained by Tenant shall be union, bonded, and shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld so long as such janitorial company performs janitorial services to the Premises at Tenant’s sole cost and expense, Class A building standards in lieu of using the janitorial service provided by LandlordComparable Buildings, provided (a) Tenant gives that Landlord prior written notice that Tenant intends to provide such service, which notice shall specify the name of the janitorial service provider Tenant desires to use and the date Tenant desires to commence providing such service (which notice may be given prior to the Commencement Date), (b) Tenant shall not be permitted deemed to use more than one be unreasonable for disapproving any such janitorial service provider company if Landlord in good faith believes performance of such work or provision of such services by such company would interfere with harmonious labor relations in the Building. Any third party janitorial company retained by Tenant shall comply at all times with Landlord security procedures and rules and regulations for the Project. In the event of a labor disturbance which may include demonstrations against Landlord or Tenant as a result of Tenant’s decision to provide its own janitorial services services, equipment and supplies as opposed to Landlord providing the Premises same, then Tenant shall have two (so 2) business days from the date that different portions of such disturbance commences to resolve the Premises may not be cleaned by different janitorial service providers), (c) Tenant obtains Landlord’s prior written approval (not to be unreasonably withheld or delayed) labor issues. If the issues continue after the expiration of such janitorial service provider two (or any replacement for such provider)2) business day period, (d) Tenantthen Tenant shall employ Landlord’s janitorial service provider provides janitorial and recycling services for the Premises on weekdays during the Term (exclusive of holidays) in accordance with cleaning specifications that are reasonable and customary Project for the first class office space“core” cleaning functions provided to all other tenants of the Project. In the event that Tenant retains, (e) Tenant’s provision of at its sole cost, an approved third party janitorial services does not cause any labor disharmony or disruption (subject company to provide all janitorial services, equipment and supplies to the following terms of this Section)Premises, (f) Tenant’s janitorial service provider is bonded and maintains at all times insurance reasonably required by Landlord (and furnishes evidence to Landlord of such insurance upon request from Landlord, which evidence may include, without limitation, a certificate of insurance, if requested by Landlord) and (g) Landlord shall have the right to require Tenant to cause its janitorial service provider to use “green” cleaning products and equipment to clean the Premises or, if Landlord is maintaining or seeking to obtain a LEED certification for the Building, such products and equipment as are required to be used in order to obtain or maintain such certification. Once Tenant has obtained the necessary approvals from Landlord, Landlord and Tenant shall coordinate to select a date on which Tenant shall commence to provide janitorial services to the Premises and Tenant shall commence to provide such services in accordance with this Section 8.5 on the date agreed upon, using the janitorial service provider approved by Landlord (the “Approved Janitorial Contractor”) and from and after such date then Landlord shall have no further obligation to provide such janitorial services services, equipment or supplies to the PremisesPremises pursuant to this Section 6.1.5. For so long as Tenant is providing and paying directly for all janitorial services, except as set forth equipment and supplies to the Premises at its sole cost and expense, Operating Expenses for the applicable Base Year with respect to the Premises and for any applicable Expense Year during which Tenant is providing all such janitorial services, equipment and supplies to the Premises (prorated for any partial year) shall exclude the cost that would have otherwise been payable by Landlord for providing Building standard janitorial services, equipment and supplies to the Premises and the cost of janitorial services, equipment and supplies provided to any other office tenant spaces in the next sentenceBuilding (but the cost of janitorial services, equipment and supplies to the Common Areas shall in all events be included in Operating Expenses). If During any such period Tenant subsequently elects not is entitled to provide and provides janitorial services services, equipment and supplies to the Premises in accordance with this Section 8.56.1.5, Tenant shall be entitled to a credit against Base Rent and Operating Expenses in an amount equal to Landlord’s actual costs for providing Building standard janitorial services, equipment and supplies to other office tenant spaces in the Building (the “Janitorial Credit”). Landlord agrees estimates that the Janitorial Credit will be $2.63 per rentable square foot per year for janitorial services and $0.22 per rentable square foot per year for janitorial supplies for the 2018 Expense Year. If Tenant elects to resume providing provide janitorial services, equipment and supplies to the Premises pursuant to this Section 6.1.5 and commences to provide such janitorial services, equipment and services to the Premises during the Base Rent Abatement Period, then the Janitorial Credit shall accrue commencing as of the date Tenant commences provision of such janitorial services, equipment and services to the Premises notwithstanding that Tenant is not obligated to pay Base Rent during the Base Rent Abatement Period and shall be applied to the Base Rent due and payable commencing as of the expiration of the Base Rent Abatement Period. In addition, during any such period Tenant is entitled to and provides janitorial services, equipment and supplies to the Premises in the manner specified above, upon at least 30 days’ prior written notice from Tenant and, thereafteraccordance with this Section 6.1.5, Tenant shall have no further right to provide janitorial services to the Premises. Landlord will not unreasonably withhold its consent to be responsible for providing any breakrooms and changing rooms for Tenant’s janitorial service provider and shall store all supplies and equipment in connection with such janitorial services within the Premises or within a storage area leased by Tenant within the Project (provided that if any full floor of the Premises contains a janitorial closet, Tenant shall use the same during any such period during which Tenant provides janitorial services, equipment and supplies to the Premises). If at any time during the Lease Term, Tenant is no longer providing and paying directly for janitorial services, equipment and supplies to the Premises as long as provided herein, then Operating Expenses for the applicable Base Year with respect to the Premises and for any applicable Expense Year during which Tenant is not providing all such provider is a reputablejanitorial services, adequately bonded equipment and insured company supplies to the Premises (prorated for any partial year) shall be adjusted to include the cost of janitorial services payable by Landlord for providing janitorial services, equipment and supplies to in Landlord’s reasonable judgment) with experience cleaning office space in commercial buildings and will not cause labor disharmony or disruption at the Building. If Any third party janitorial company retained by Tenant shall comply at all times with Landlord security procedures and rules and regulations for the presence Project. In the event of a labor disturbance which may include demonstrations against Landlord or Tenant as a result of Tenant’s Approved Janitorial Contractor at decision to provide its own janitorial services, equipment and supplies as opposed to Landlord providing the Building causes labor disharmony or disruption (as determined by Landlord)same, then Tenant shall take any actions reasonably necessary have two (2) business days from the date that such disturbance commences to resolve the labor issues. If the issues continue after the expiration of such disruptiontwo (2) business day period, including having any pickets removed andthen Tenant shall employ Landlord’s janitorial service provider for the Project for the “core” cleaning functions provided to all other tenants of the Project. In the event that Tenant retains, at its sole cost, an approved third party janitorial company to provide all janitorial services, equipment and supplies to the request of LandlordPremises, suspending any work being performed in the Premises giving rise to such dispute until such time as then Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld or delayed). If such dispute cannot be resolved within a reasonable period of time, Tenant’s right no further obligation to provide such janitorial services, equipment or supplies to the Premises pursuant to this Section 6.1.5. For so long as Tenant is providing and paying directly for all janitorial services, equipment and supplies to the Premises at its sole cost and expense, Operating Expenses for the applicable Base Year with respect to the Premises and for any applicable Expense Year during which Tenant is providing all such janitorial services, equipment and supplies to the Premises (prorated for any partial year) shall exclude the cost that would have otherwise been payable by Landlord for providing Building standard janitorial services, equipment and supplies to the Premises and the cost of janitorial services, equipment and supplies provided to any other office tenant spaces in the Building (but the cost of janitorial services, equipment and supplies to the Common Areas shall in all events be included in Operating Expenses). During any such period Tenant is entitled to and provides janitorial services, equipment and supplies to the Premises in accordance with this Section 6.1.5, Tenant shall be entitled to a credit against Base Rent and Operating Expenses in an amount equal to Landlord’s actual costs for providing Building standard janitorial services, equipment and supplies to other office tenant spaces in the Building (the “Janitorial Credit”). Landlord estimates that the Janitorial Credit will be $2.63 per rentable square foot per year for janitorial services and $0.22 per rentable square foot per year for janitorial supplies for the 2018 Expense Year. If Tenant elects to provide janitorial services, equipment and supplies to the Premises pursuant to this Section 6.1.5 and commences to provide such janitorial services, equipment and services to the Premises during the Base Rent Abatement Period, then the Janitorial Credit shall terminateaccrue commencing as of the date Tenant commences provision of such janitorial services, equipment and Landlord shall provide janitorial services to the Premises notwithstanding that Tenant is not obligated to pay Base Rent during the Base Rent Abatement Period and shall be applied to the Base Rent due and payable commencing as of the expiration of the Base Rent Abatement Period. In addition, during any such period Tenant is entitled to and provides janitorial services, equipment and supplies to the Premises in accordance with this Section 6.1.5, Tenant shall be responsible for providing any breakrooms and changing rooms for Tenant’s janitorial service provider and shall store all supplies and equipment in connection with such janitorial services within the Premises or within a storage area leased by Tenant within the Project (provided that if any full floor of the Premises contains a janitorial closet, Tenant shall use the same during any such period during which Tenant provides janitorial services, equipment and supplies to the Premises). If at any time during the Lease Term, Tenant is no longer providing and paying directly for janitorial services, equipment and supplies to the Premises as provided herein, then Operating Expenses for the applicable Base Year with respect to the Premises and for any applicable Expense Year during which Tenant is not providing all such janitorial services, equipment and supplies to the Premises (prorated for any partial year) shall be adjusted to include the cost of janitorial services payable by Landlord for providing janitorial services, equipment and supplies to the Premises and the cost of janitorial services, equipment and supplies provided to any other office tenant spaces in the manner specified aboveBuilding.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Janitorial Services. Landlord, as part of Operating Costs, shall provide janitorial services in the Premises and arrange for trash removal and recycling services from the Premises. Notwithstanding the forgoing, Tenant shall have the right to provide janitorial services to the Premises at Tenant’s sole cost and expense, in lieu of using the janitorial service provided by Landlord, provided (a) Tenant gives Landlord prior written notice that Tenant intends to provide such service, which notice shall specify the name of the janitorial service provider Tenant desires to use and the date Tenant desires to commence providing such service (which notice may be given prior to the Commencement Date), (b) Tenant shall not be permitted to use more than one janitorial service provider to provide janitorial services to the Premises (so that different portions of the Premises may not be cleaned by different janitorial service providers), (c) Tenant obtains Landlord’s prior written approval (not to be unreasonably withheld or delayed) of such janitorial service provider (or any replacement for such provider), (d) Tenant’s janitorial service provider provides janitorial and recycling services for the Premises on weekdays during the Term (exclusive of holidays) in accordance with cleaning specifications that are reasonable and customary for the first class office space, (e) Tenant’s provision of janitorial services does not cause any labor disharmony or disruption (subject to the following terms of this Section), (f) Tenant’s janitorial service provider is bonded and maintains at all times insurance reasonably required by Landlord (and furnishes evidence to Landlord of such insurance upon request from Landlord, which evidence may include, without limitation, a certificate of insurance, if requested by Landlord) and (g) Landlord shall have the right to require Tenant to cause its janitorial service provider to use “green” cleaning products and equipment to clean the Premises or, if Landlord is maintaining or seeking to obtain a LEED certification for the Building, such products and equipment as are required to be used in order to obtain or maintain such certification. Once Tenant has obtained the necessary approvals from Landlord, Landlord and Tenant shall coordinate to select a date on which Tenant shall commence to provide janitorial services to the Premises and Tenant shall commence to provide such services in accordance with this Section 8.5 on the date agreed upon, using the janitorial service provider approved by Landlord (the “Approved Janitorial Contractor”) and from and after such date Landlord shall have no further obligation to provide janitorial services to the Premises, except as set forth in the next sentence. If Tenant subsequently elects not to provide janitorial services to the Premises in accordance with this Section 8.5, Landlord agrees to resume providing janitorial services to the Premises in the manner specified above, upon at least 30 days’ prior written notice from Tenant and, thereafter, Tenant shall have no further right to provide janitorial services to the Premises. Landlord will not unreasonably withhold its consent to Tenant’s janitorial service provider as long as such provider is a reputable, adequately bonded and insured company (in Landlord’s reasonable judgment) with experience cleaning office space in commercial buildings and will not cause labor disharmony or disruption at the Building. If the presence of Tenant’s Approved Janitorial Contractor at the Building causes labor disharmony or disruption (as determined by Landlord), Tenant shall take any actions reasonably necessary to resolve such disruption, including having any pickets removed and, at the request of Landlord, suspending any work being performed in the Premises giving rise to such dispute until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld or delayed). If such dispute cannot be resolved within a reasonable period of time, Tenant’s right to provide such janitorial services to the Premises shall terminate, and Landlord shall provide janitorial services within the Premises during the Term hereof. Such services shall be only with union janitorial service providers unless Tenant, in its sole discretion, consents otherwise in writing and shall be performed during weekdays, after normal business hours and in accordance with the standard building cleaning specifications set forth on Exhibit D attached hereto. Access and Security: Tenant shall have access to the Premises twenty-four (24) hours per day, 365 days per year. At least two (2) elevators will be in service at all times outside of normal business hours in the Office Building and at least one (1) elevator will be in service at all times outside of normal business hours in the adjoining Pavilion Building, subject to force majeure conditions. Landlord shall operate, provide and maintain security and life safety systems for the Building comparable to the services provided at other bank headquartered and anchored Class A office buildings in downtown Baltimore, which services, shall include, but not by way of limitation, at least two (2) 24-hour guards in the main lobby, cameras, card access systems, alarms, entry systems (by intercom, a-phones/remote system or otherwise), fire systems, sprinkler systems, elevator systems, and parking gate control systems. Tenant will purchase, install and maintain its own security equipment within the Premises in good working order so that Landlord may operate and respond to Premises security and life safety conditions as they arise. Tenant’s equipment may include, but not by way of limitation card access on suite doors; hold open alarms and cameras in the premises. Parking - Landlord agrees that during the Term of this Lease Landlord will provide, or will cause the then current operator of the parking garage located in the garage portion of the Building (the “Operator”) to make available to Tenant (a) thirty (30) monthly parking contracts, which shall increase to fifty (50) on such date as Tenant shall be obligated to commence the payment of Basic Annual Rent on the Expansion Space, in the parking garage of the Building at Operator’s current monthly rates, as modified from time to time; and (b) sixty (60) parking spaces in the parking garage at $135.00 per month subject to modification in the same percentage as the increase or decrease, if any, of Operator’s standard monthly rates, provided, however, that in no event shall any increase exceed three percent (3%) in the aggregate in any calendar year and (c) the exclusive right during the Term to use the first (executive) level of the parking area and the wall area and all of the parking spaces therein shown as shaded on Exhibit E attached hereto, at no charge. Tenant shall be obligated to enter into monthly contracts directly with any Operator and shall comply with all rules and regulations of the Operator. Landlord further grants to Tenant, or shall cause the Operator to grant to Tenant, a right of first refusal to lease additional parking spaces in the parking garage of the Building at the then current monthly rates, as modified from time to time, as the same may become available, subject, however, to the right of Landlord to make available to new tenants in occupancy of the Building one (1) parking space for each 1,500 square feet of space which it occupies. Tenant shall be provided written notice as and when such additional spaces are available and Tenant shall have the first right to the use of the same by giving Landlord written notice of its election within not more than fifteen (15) days after receipt of Landlord’s notice. Landlord shall continue to operate the parking garage as a private garage for the exclusive use of the tenants of the Building, to include parking for the employees, visitors, customers, and vendors, of the tenants of the Building. Landlord will continue to operate the garage in a manner specified to ensure that those vehicles/individuals entering the parking garage and loading dock area are duly authorized and/or are conducting business in the Building. Landlord will continue to permit means of access to the garage “24/7 365” days per year on a key card or comparable access basis. Upon approval of the Tenant, Landlord may elect to open the garage to the public for certain events for parking similar to those events which the current owner has opened for over the past two years, copies of which have been provided. It is the responsibility of the Landlord to have sufficient parking staff and to ensure that reserved parking spaces are not used by event parkers. Tenant will not permit event parking during normal business hours. If, however, the national terrorist threat level rises to orange or above, or if the Tenant is notified by local security of a terrorist threat or if there are threats against banks, then the Tenant may elect to require, and Landlord agrees to close the garage for any or all event parking. Elevator Service - In addition to the Elevator Service provided by the elevator bank in the office tower, Landlord herewith confirms and agrees that Tenant shall have the exclusive right to the use of the elevator which runs from the G level of the office building to the fourth floor thereof and which passes through the Premises. Notwithstanding such exclusive usage, Landlord shall be responsible for all maintenance, repairs and replacements for this Tenant exclusive elevator.
Appears in 1 contract
Janitorial Services. LandlordRetroactively as of June 1, as part of Operating Costs2016, shall provide janitorial services in the Premises and arrange for trash removal and recycling services from the Premises. Notwithstanding the forgoing, Tenant shall have the right to provide janitorial services to the Premises at Tenant’s sole cost and expense, in lieu of using the janitorial service provided by Landlord, provided (a) Tenant gives Landlord prior written notice that Tenant intends to provide such service, which notice shall specify the name of the janitorial service provider Tenant desires to use and the date Tenant desires to commence providing such service (which notice may be given prior to the Commencement Date), (b) Tenant shall not be permitted to use more than one janitorial service provider required to provide any janitorial services to the Premises (so that different portions of the Premises may not be cleaned by different janitorial service providers), (c) Tenant obtains Landlord’s prior written approval (not to be unreasonably withheld or delayed) of such janitorial service provider (or any replacement for such provider), (d) Tenant’s janitorial service provider provides janitorial and recycling services for the Premises on weekdays during the Term (exclusive of holidays) in accordance with cleaning specifications that are reasonable and customary for the first class office space, (e) Tenant’s provision of janitorial services does not cause any labor disharmony or disruption (subject to the following terms of this Section), (f) Tenant’s janitorial service provider is bonded and maintains at all times insurance reasonably required by Landlord (and furnishes evidence to Landlord of such insurance upon request from Landlord, which evidence may includeincluding, without limitation, the Outdoor Terraces), and Tenant shall be solely responsible for performing all janitorial services and other cleaning of the Premises appropriate to maintain the Premises in a certificate manner consistent with a first-class office project, and in accordance with (i) Landlord's janitorial specifications attached to the Original Lease as Exhibit P (which specifications Tenant acknowledges are subject to modification during the Lease Term, provided that in any event the janitorial services provided to the Building shall be consistent with those provided in Comparable Buildings), (ii) Landlord's reasonable rules and regulations relating to such janitorial services (including, without limitation, those set forth in Sections 22 and 32 of insurancethe Rules and Regulations attached to the Original Lease as Exhibit D), if and Landlord's standard reasonable janitorial schedule for the Building as set forth from time to time, and (iii) all Applicable Laws. If requested by Landlord) and (g) Landlord shall have the right to require Tenant to cause its janitorial service provider to use “green” cleaning products and equipment to clean the Premises or, if Landlord is maintaining or seeking to obtain a LEED certification for the Building, such products and equipment as are required to be used in order to obtain or maintain such certification. Once Tenant has obtained the necessary approvals from Landlord, Landlord and Tenant shall coordinate promptly present a cleaning and maintenance schedule to select a date on which Tenant Landlord for approval, and shall commence to provide janitorial services to the Premises clean and Tenant shall commence to provide such services in accordance with this Section 8.5 on the date agreed upon, using the janitorial service provider approved by Landlord (the “Approved Janitorial Contractor”) and from and after such date Landlord shall have no further obligation to provide janitorial services to the Premises, except as set forth in the next sentence. If Tenant subsequently elects not to provide janitorial services to maintain the Premises in accordance with this Section 8.5such schedule. Tenant shall notify Landlord in writing of the identity of each and every party engaged by Tenant or any subtenant of Tenant's to perform the cleaning services provided for herein (collectively, Landlord agrees "Tenant's Janitors"), and Tenant's Janitors shall be subject to resume providing janitorial services to the Premises in the manner specified above, upon at least 30 days’ Landlord's prior written notice from Tenant andapproval, thereafter, Tenant shall have no further right to provide janitorial services to the Premises. Landlord will not unreasonably withhold its consent to Tenant’s janitorial service provider as long as such provider is a reputable, adequately bonded and insured company (in Landlord’s reasonable judgment) with experience cleaning office space in commercial buildings and will not cause labor disharmony or disruption at the Building. If the presence of Tenant’s Approved Janitorial Contractor at the Building causes labor disharmony or disruption (as determined by Landlord), Tenant shall take any actions reasonably necessary to resolve such disruption, including having any pickets removed and, at the request of Landlord, suspending any work being performed in the Premises giving rise to such dispute until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld or delayed). If Notwithstanding the foregoing or anything in this Seventh Amendment to the contrary, Tenant shall use commercially reasonable efforts to ensure that Tenant's Janitors do not interfere with the janitorial services provided by Landlord at the Project. Further, Tenant shall ensure that Tenant's Janitors (x) are union labor in compliance with the then existing master labor agreements, and (y) have appropriate insurance coverage approved by Landlord in advance prior to any entry of the Premises by Tenant's Janitors. Landlord shall be named as an additional insured on each of such dispute canpolicies of insurance. Landlord shall permit Tenant's Janitors reasonable ingress and egress to the Premises, provided Landlord shall have no liability for any acts or omissions of Tenant's Janitors. Landlord shall have the right to inspect the Premises upon reasonable notice to Tenant and to require Tenant to provide additional cleaning, at its sole cost and expense, if necessary. In the event that (1) any of Tenant's Janitors interfere in any manner with the janitorial services provided by Landlord at the Project, as determined by Landlord in Landlord's reasonable discretion, or (2) any of Tenant's Janitors are determined by Landlord, in Landlord's reasonable discretion, to not be resolved within a union labor in compliance with the then existing master labor agreements, or (3) any of Tenant's Janitors are determined by Landlord, in Landlord's reasonable period discretion, to not have appropriate insurance coverage, and such interference or failure, as the case may be, continues for more than three (3) business days after Tenant's receipt of timenotice from Landlord, Landlord shall have the right, but not the obligation, to require the immediate termination of Tenant’s right to provide such 's provision of janitorial services to the Premises shall terminatePremises, and upon such termination, Landlord shall provide janitorial services to the Premises pursuant to the terms of the Lease. Further, in the manner specified above.event that Tenant shall fail to provide any of the cleaning services described in the Lease within ten (10) business days after notice from Landlord, which notice shall not be required in the event of an emergency, Landlord shall have the right, but not the obligation, to provide such services and any charge or cost incurred by Landlord in connection therewith shall be deemed Additional Rent due and payable by Tenant within thirty (30) days of a written notice from Landlord, and Landlord shall further have the right, but not the obligation, to require the immediate termination of Tenant's provision of janitorial services to the Premises. Failure of Tenant to comply with any one or more of the foregoing provisions, after the expiration of any notice and cure period set forth in the Lease, shall be deemed to be a default under the Lease. Accordingly:
Appears in 1 contract
Samples: Office Lease (Square, Inc.)
Janitorial Services. Any persons employed by Tenant to do janitorial work shall be subject to the prior written approval of Landlord, as part and while in the Building and outside of Operating Coststhe Premises, shall provide be subject to and under the control and direction of the Building manager (but not as an agent or servant of such manager or of Landlord), and Tenant shall be responsible for all acts of such persons. Tenant will not necessitate, and will be liable for the cost of, any undue amount of janitorial services labor by reason of Tenant’s carelessness in or indifference to the preservation of good order and cleanliness in the Premises. Janitorial service will not be furnished to areas in the Premises and arrange for trash removal and recycling services from on nights when such areas are occupied after 9:30p.m., unless such service is extended by written agreement to a later hour in specifically designated areas of the Premises. Notwithstanding the forgoing, Tenant shall have the right to provide janitorial services to the Premises at Tenant’s sole cost 8. Keys and expense, in lieu of using the janitorial service provided by Landlord, provided (a) Tenant gives Landlord prior written notice that Tenant intends to provide such service, which notice shall specify the name of the janitorial service provider Tenant desires to use and the date Tenant desires to commence providing such service (which notice may be given prior to the Commencement Date), (b) Locks. Tenant shall not be permitted to use more than one janitorial service provider to provide janitorial services to the Premises (so that different portions alter any lock or install any new or additional locks or bolts on any doors or windows of the Premises may not be cleaned by different janitorial service providers), (c) Tenant obtains without obtaining Landlord’s prior written approval (not to be unreasonably withheld consent. All mechanical locks in or delayed) of such janitorial service provider (or any replacement for such provider), (d) Tenant’s janitorial service provider provides janitorial and recycling services for at the Premises on weekdays during the Term (exclusive of holidays) in accordance with cleaning specifications that are reasonable and customary for the first class office space, (e) Tenant’s provision of janitorial services does not cause any labor disharmony or disruption (subject to the following terms of this Section), (f) Tenant’s janitorial service provider is bonded and maintains at all times insurance reasonably required by Landlord (and furnishes evidence to Landlord of such insurance upon request from Landlord, which evidence may include, without limitation, a certificate of insurance, if requested by Landlord) and (g) Landlord shall have the right to require Tenant to cause its janitorial service provider to use “green” cleaning products and equipment to clean the Premises or, if Landlord is maintaining or seeking to obtain a LEED certification for the Building, such products and equipment as are required to be used in order to obtain or maintain such certification. Once Tenant has obtained the necessary approvals from Landlord, Landlord and Tenant shall coordinate to select a date on which Tenant shall commence to provide janitorial services doors to the Premises and must be on Landlord’s master system. Tenant shall commence to provide such services in accordance with this Section 8.5 on bear the date agreed upon, using the janitorial service provider approved cost of any lock changes or repairs required by Landlord (the “Approved Janitorial Contractor”) and from and after such date Tenant. Landlord shall have no further obligation to provide janitorial services to the Premises, except as set forth in the next sentence. If Tenant subsequently elects not to provide janitorial services to the Premises in accordance with this Section 8.5, Landlord agrees to resume providing janitorial services to the Premises in the manner specified above, upon at least 30 days’ prior written notice from Tenant and, thereafter, Tenant shall have no further right to provide janitorial services to the Premises. Landlord will not unreasonably withhold its consent to Tenant’s janitorial service provider as long as such provider is a reputable, adequately bonded and insured company one or more electronic access cards (in Landlord’s reasonable judgment) with experience cleaning office space in commercial buildings and will not cause labor disharmony or disruption at the Building. If the presence of Tenant’s Approved Janitorial Contractor at the Building causes labor disharmony or disruption (as a number determined by Landlord), Tenant shall take any actions reasonably necessary to resolve such disruptionfor a nonrefundable charge of $25 for each card, including having any pickets removed and, at the request of Landlord, suspending any work being performed in the Premises giving rise to such dispute until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld or delayed). If such dispute cannot be resolved within a reasonable period of time, Tenant’s right to provide such janitorial services after-hours access to the Premises shall terminateBuilding and elevator. In addition, and Landlord shall provide janitorial services Tenant with four mechanical keys for access to the Premises Premises, at no charge to Tenant. Any additional mechanical keys required by Tenant must be obtained from Landlord at a reasonable non-discriminatory cost to be established by Landlord. Upon the termination of this Lease, Tenant shall give Landlord all electronic access cards and mechanical keys to the Premises, including all keys to stores, offices, storage rooms and toilet rooms, and in the manner specified aboveevent of the loss of such keys, Tenant shall pay to Landlord the cost of replacing them or of changing the lock or locks opened by such lost keys if Landlord shall deem it necessary to make such changes.
Appears in 1 contract
Samples: Lease Agreement (Gymboree Corp)
Janitorial Services. Landlord, as part Paragraph 5(b) of Operating Costs, shall provide janitorial services in the Premises and arrange for trash removal and recycling services from Master Lease requires the Premises. Notwithstanding the forgoing, Tenant shall have the right Master Landlord to provide janitorial services to the Premises at Tenant’s sole cost and expense, pursuant to the schedule provided in lieu said Paragraph 5(b). Sublandlord has the option pursuant to Paragraph 5(k) of using the Master Lease to engage its own janitorial service provided by Landlordprovider directly and pay for such janitorial services. If the Master Landlord is providing janitorial services to the Premises pursuant to Paragraph 5(b) of the Master Lease, provided (a) Tenant gives then Sublandlord shall cause the Master Landlord prior written notice that Tenant intends to provide such service, which notice shall specify services to the name of the Subleased Premises. If Sublandlord has engaged its own janitorial service provider Tenant desires to use and for the date Tenant desires to commence providing Premises, then Sublandlord shall cause such service (which notice may be given prior to the Commencement Date), (b) Tenant shall not be permitted to use more than one janitorial service provider to provide janitorial services to the Subleased Premises (so that different portions throughout the Term to at least the standard specified in the Master Lease. Notwithstanding anything in this Sublease or the applicable provisions of the Master Lease to the contrary, Subtenant shall not provide any janitorial services without the prior written consent of Sublandlord or the Master Landlord (to the extent required under the Master Lease) and then subject only to supervision by Sublandlord and the Master Landlord and by a janitorial contractor or employees satisfactory to Sublandlord and the Master Landlord. Any such services provided by Subtenant shall be at Subtenant’s sole risk, cost and responsibility. Subtenant shall pay the cost of removing any of Subtenant’s refuse and rubbish from the Subleased Premises may not be cleaned by different janitorial service providers)and the Building to the extent that the same, (c) Tenant obtains in any one day, exceeds the average daily amount of refuse and rubbish accumulated in the use of such Subleased Premises as offices, as described in the Master Landlord’s prior written approval (not to be unreasonably withheld cleaning contract or delayed) of such janitorial service provider (or any replacement for such provider), (d) Tenant’s janitorial service provider provides janitorial and recycling services for recommended by the Premises on weekdays during the Term (exclusive of holidays) in accordance with cleaning specifications that are reasonable and customary for the first class office space, (e) Tenant’s provision of janitorial services does not cause any labor disharmony or disruption (subject to the following terms of this Section), (f) Tenant’s janitorial service provider is bonded and maintains at all times insurance reasonably required by Landlord (and furnishes evidence to Landlord of such insurance upon request from Landlord, which evidence may include, without limitation, a certificate of insurance, if requested by Landlord) and (g) Landlord shall have the right to require Tenant to cause its janitorial service provider to use “green” cleaning products and equipment to clean the Premises or, if Landlord is maintaining or seeking to obtain a LEED certification for the Building, such products and equipment as are required to be used in order to obtain or maintain such certification. Once Tenant has obtained the necessary approvals from Landlord, Landlord and Tenant shall coordinate to select a date on which Tenant shall commence to provide janitorial services to the Premises and Tenant shall commence to provide such services in accordance with this Section 8.5 on the date agreed upon, using the janitorial service provider approved by Landlord (the “Approved Janitorial Contractor”) and from and after such date Landlord shall have no further obligation to provide janitorial services to the Premises, except as set forth in the next sentence. If Tenant subsequently elects not to provide janitorial services to the Premises in accordance with this Section 8.5, Landlord agrees to resume providing janitorial services to the Premises in the manner specified above, upon at least 30 days’ prior written notice from Tenant and, thereafter, Tenant shall have no further right to provide janitorial services to the Premises. Landlord will not unreasonably withhold its consent to Tenant’s janitorial service provider as long as such provider is a reputable, adequately bonded and insured company (in Master Landlord’s reasonable judgmentcleaning contractor. Bills rendered by the Master Landlord or Sublandlord shall be paid within ten (10) with experience cleaning office space in commercial buildings and will not cause labor disharmony or disruption at the Building. If the presence of Tenant’s Approved Janitorial Contractor at the Building causes labor disharmony or disruption (as determined by Landlord), Tenant shall take any actions reasonably necessary to resolve such disruption, including having any pickets removed and, at the request of Landlord, suspending any work being performed in the Premises giving rise to such dispute until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld or delayed). If such dispute cannot be resolved within a reasonable period of time, Tenant’s right to provide such janitorial services to the Premises shall terminate, and Landlord shall provide janitorial services to the Premises in the manner specified abovedays after demand.
Appears in 1 contract
