Landlord Services. From and after the Occupancy Date (it being agreed that any other provision of services by Landlord to Tenant prior to such time shall be in accordance with the provisions of the DCA), Landlord shall furnish the Premises, or the applicable portions of the Premises as the case may be, with the following services (collectively, except to the extent Tenant has elected to Self-Perform the same in accordance with Section 3.03, and as modified from time to time pursuant to the Reduced or Increased Premises Operational Mechanism, the “Landlord Services”), the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein): (a) (i) heat to the Premises during Business Hours in accordance with the design specifications set forth in the Upgraded Basis of Design (as defined in the DCA). Landlord shall endeavor to install the equipment and software required for Tenant to have the ability to request heat at any time other than during Business Hours (“After Hours Heat”) through the use of Tenant’s BMS System or other automated system, provided, if the provision of such system is not feasible, Landlord shall furnish After Hours Heat within one hour of receipt of notice (which may be to a Building property manager or concierge, in either case designated by Landlord as the responsible person, and may be given in advance as a standing request) from Tenant. Tenant shall pay the Actual Cost, if any, for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s BMS System or other automated system. For purposes of this Section 3.01(a) only, Tenant may deliver notices for such overtime services by e-mail to the designated e-mail address of Landlord’s building manager. Tenant’s consumption of heat shall be measured by BTU meters installed, maintained and replaced as set forth in the Metering Schedule, and the Actual Costs thereof, including taxes imposed by governmental authorities and any incremental Actual Costs associated with meter reading shall be payable within 30 days after Tenant receives an invoice and reasonable supporting documentation therefor.
Appears in 1 contract
Samples: Lease (BlackRock Inc.)
Landlord Services. From (a) Landlord shall provide the following to the Premises: (i) HVAC service to the minimum specifications set forth on Exhibit L attached to and after made a part of this Lease, in the Occupancy Date respective seasons, during Business Hours (it being agreed except that any other provision of services by Landlord to Tenant prior to such time HVAC service provided on Saturdays shall be requested as required by Tenant); (ii) electricity for lighting and standard office equipment in accordance with the provisions of the DCAsame manner as provide in other Comparable Buildings (as defined in Section 7(c)); (iii) water, Landlord shall furnish the Premisessewer, or the applicable portions of the Premises as the case may beand, with the following services (collectively, except to the extent applicable to the Building, gas, oil, and steam service; (iv) cleaning services meeting the minimum specifications set forth on Exhibit D attached hereto; and (v) security guard service in the building located at 150 Xxxxxx Xxxxxxx Xxxx xxxween the hours of 7 a.m. and 5 p.m. weekdays and a roving security service for the Complex (including regular security details to the Building and Project) between the hours of 4 p.m. and midnight weekdays. Tenant, at Tenant’s expense, shall make arrangements with the applicable utility companies and public bodies to provide, in Tenant’s name, telephone, cable, and any other utility service not provided by Landlord that Tenant has elected desires at the Premises.
(b) Landlord shall not be obligated to Self-Perform the same furnish any services, supplies, or utilities other than as set forth in this Lease; provided, however, upon Tenant’s prior request sent in accordance with Section 3.0325(p) below, Landlord may furnish additional services, supplies, or utilities, in which case Tenant shall pay to Landlord, immediately upon demand, Landlord’s then-current charge for such additional services, supplies, or utilities, or Tenant’s pro rata share thereof, if applicable, as reasonably determined by Landlord. Landlord’s current rate for HVAC service outside of Business Hours requested with at least 24 hours’ prior notice (or by noon for weekend service) is and shall be $75 per hour, per zone, for the Term, with a two-hour minimum if the service does not commence immediately following the end of a day’s Business Hours.
(c) Landlord shall operate and maintain the Project, at minimum to, and as modified from time to time pursuant consistent with, its and its affiliates’ respective management and operations standards in effect for the three (3) years immediately prior to the Reduced or Increased Premises Operational MechanismExecution Date for (i) the Project and (ii) the Class A suburban office buildings in the Radnor, Pennsylvania market, known on the Execution Date as 555 X. Xxxxxxxxx Xxxxxx, 130 Xxxxxx Xxxxxxx Xxxx xxx 150 Xxxxxx Xxxxxxx Xxxx, and One, Two, Three and Four Radnor Corporate Center (collectively, the “Landlord ServicesComparable Buildings”), the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein):
(a) (i) heat including, without limitation, with respect to the Premises during Business Hours in accordance with Building lobby and facades, landscaping, outside seating areas, parking lot surfacing and striping, snow and ice removal, maintenance and repair of the design specifications set forth in roof, structural components of the Upgraded Basis of Design (as defined in the DCA). Landlord shall endeavor to install the equipment Building and software required for Tenant to have the ability to request heat at any time other than during Business Hours (“After Hours Heat”) through the use of Tenant’s BMS System or other automated system, provided, if the provision of such system is not feasible, Landlord shall furnish After Hours Heat within one hour of receipt of notice (which may be to a Building property manager or concierge, in either case designated by Landlord as the responsible person, and may be given in advance as a standing request) from Tenant. Tenant shall pay the Actual Cost, if any, for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s BMS System or other automated system. For purposes of this Section 3.01(a) only, Tenant may deliver notices for such overtime services by e-mail to the designated e-mail address of Landlord’s building manager. Tenant’s consumption of heat shall be measured by BTU meters installed, maintained and replaced as set forth in the Metering Schedule, and the Actual Costs thereof, including taxes imposed by governmental authorities and any incremental Actual Costs associated with meter reading shall be payable within 30 days after Tenant receives an invoice and reasonable supporting documentation thereforsystems.
Appears in 1 contract
Samples: Lease (Safeguard Scientifics Inc)
Landlord Services. From (a) Subject to Section 5 and after Section 6, Landlord shall provide the Occupancy Date following to the Premises during the Term: (it being agreed that any other provision of services by Landlord to Tenant prior to such time shall be i) HVAC service in in accordance with the provisions of the DCA), Landlord shall furnish the Premises, or the applicable portions of following temperature specifications during Business Hours: 72 degrees at 50% relative humidity; provided HVAC service to the Premises as on Saturdays will be provided only upon Tenant’s prior request to Landlord received no later than noon on the case may bepreceding business day; (ii) electricity for lighting and standard office equipment for comparable buildings in the market in which the Project is located; (iii) water, with the following services (collectivelysewer, except and, to the extent applicable to the Building, gas, oil, and steam service; (iv) security as reasonably determined by Landlord for the Building and Common Areas on a 24/7 basis; and (v) cleaning services meeting the minimum specifications set forth in Exhibit D attached hereto. Tenant, at Tenant’s expense, shall make arrangements with the applicable utility companies and public bodies to provide, in Tenant’s name, telephone, cable, and any other utility service not provided by Landlord that Tenant has elected desires at the Premises. The Building electrical system will be capable of providing an average of 6 xxxxx per square foot of rentable area to Self-Perform the same Premises for lighting and measured load.
(b) Landlord shall not be obligated to furnish any services, supplies, or utilities other than as set forth in this Lease; provided, however, upon Tenant’s prior request sent in accordance with Section 3.03, and as modified from time to time pursuant to the Reduced or Increased Premises Operational Mechanism, the “Landlord Services”), the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein):
(a25(n) (i) heat to the Premises during Business Hours in accordance with the design specifications set forth in the Upgraded Basis of Design (as defined in the DCA). Landlord shall endeavor to install the equipment and software required for Tenant to have the ability to request heat at any time other than during Business Hours (“After Hours Heat”) through the use of Tenant’s BMS System or other automated system, provided, if the provision of such system is not feasiblebelow, Landlord shall may furnish After Hours Heat within one hour of receipt of notice (which may be to a Building property manager additional services, supplies, or conciergeutilities, in either which case designated by Landlord as the responsible person, and may be given in advance as a standing request) from Tenant. Tenant shall pay the Actual Costto Landlord, immediately upon demand, Landlord’s then-current charge for such additional services, supplies, or utilities, or Tenant’s pro rata share thereof, if anyapplicable, for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s BMS System or other automated systemas reasonably determined by Landlord. For purposes of this Section 3.01(a) only, Tenant may deliver notices for such overtime services by e-mail to the designated e-mail address of Landlord’s building manager. Tenantcurrent rate for HVAC service outside of Business Hours requested with at least 24 hours’ prior notice (or by noon for weekend service) is $92.00 per hour for cooling and $57.00 per hour for heating, per zone, with a 2-hour minimum if the service does not commence immediately following the end of a day’s consumption of heat shall be measured by BTU meters installed, maintained and replaced as set forth in the Metering Schedule, and the Actual Costs thereof, including taxes imposed by governmental authorities and any incremental Actual Costs associated with meter reading shall be payable within 30 days after Tenant receives an invoice and reasonable supporting documentation thereforBusiness Hours.
Appears in 1 contract
Samples: Lease Agreement (Passage BIO, Inc.)
Landlord Services. (a) From and after the Occupancy Date date that Tenant first occupies the Premises for the conduct of Tenant’s business (it being agreed that any other provision of services by Landlord except with respect to Tenant prior to such time shall be elevator service described in accordance with Section 3.01(a)(iii), water described in Section 3.01(a)(iv) and electric service described in Section 3.01(a)(v), from and after the provisions of the DCACommencement Date), Landlord shall furnish the Premises, or the applicable portions of the Premises as the case may be, Tenant with the following services in accordance with the standards applicable to First Class Office Buildings (collectively, except to the extent Tenant has elected to Self-Perform the same in accordance with Section 3.03, and as modified from time to time pursuant to the Reduced or Increased Premises Operational Mechanism, the “Landlord Services”), the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein):
(a) (i) heat to the Premises during Business Hours substantially in accordance with the design specifications attached hereto as Exhibit D attached hereto during Business Hours on Business Days from October 15 through April 15 (the “Heating Season”); for the avoidance of doubt, heat to the Premises during Tenant’s performance of Tenant’s Initial Alterations shall be temperate and otherwise consistent with the heat provided to tenants occupying space in the Building. Water-cooled packaged AC units (collectively, the “AC Units”) shall be installed by Landlord as part of Landlord’s Additional Work (as more particularly described in Exhibit C attached hereto), together with all necessary piping, valve connections and a tie-in point for the main supply duct (it being understood that Tenant shall be responsible, at Tenant’s expense, to connect its distribution system to the AC Units and to distribute air conditioning throughout the applicable floor of the Premises), in a machine room on each floor of the Premises as specifically shown on Tenant’s plans for Tenant’s Initial Alterations. Condenser water shall be furnished and distributed to each AC Unit on each floor of the Premises to permit such AC Unit to provide cool and tempered air (“air-conditioning”) substantially in accordance with the specifications attached hereto as Exhibit D attached hereto during Business Hours on Business Days. If Tenant requires heating, ventilation or air-conditioning services during hours other than Business Hours, Landlord shall furnish such services initially at the rates set forth on Exhibit E attached hereto (subject to increase as set forth in the Upgraded Basis of Design (as defined Section 3.01(e)) to Tenant at Tenant’s expense; provided, that if Landlord simultaneously furnishes such services to another Building tenant or tenants whose premises are in the DCAsame zone of the HVAC system as the Premises, the cost thereof shall be pro rated between or among Tenant and such tenant or tenants, based upon the ratio which Tenant and each such other tenant(s) rentable square footage bears to the total rentable square footage of Tenant and such other tenant(s). Within thirty (30) days after receipt of Landlord’s demand therefor, Tenant shall pay to Landlord, as Additional Charges, any amount due to Landlord pursuant to the terms of this Section 3.01(a)(i). Landlord shall endeavor not be responsible for any failure to supply air-conditioning at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any room or other area of the Premises by reason of any machinery or equipment installed therein by Tenant, or which has a human occupancy factor in excess of one person per 100 usable square feet. Tenant agrees to cooperate fully with Landlord at all times and to abide by all regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of said air-conditioning system, which regulations and requirements do not (except to a de minimis extent) increase Tenant’s obligations hereunder or reduce Landlord’s obligations or Tenant’s rights hereunder. Landlord shall supply fresh air to the Premises in accordance with applicable Laws and shall provide Tenant with access to fresh air from the Premises 24 hours a day, 7 days a week. With respect to any floor of the Building on which the Premises is located but the Premises do not constitute the entire rentable area of such floor, Landlord, at its cost and as an Operating Expense, shall maintain the regular service of the AC Units, and with respect to any portion of the Building on which the Premises is located and does constitute the entire rentable area of such floor, Tenant, at its cost, shall contract for and maintain throughout the Term regular service of the AC Units and related equipment with a recognized maintenance company reasonably acceptable to Landlord and shall forward to Landlord duplicate originals of such contract and all renewals and modifications thereof. Such contract shall include the thorough monthly maintenance of the AC Units, the terms of which shall be subject to Landlord’s reasonable approval.
(ii) steam, if required by Tenant for any additional heating or permitted pantry use, in which event Tenant shall pay to Landlord the cost of such steam as well as the cost of piping and other equipment or facilities required to supply steam to and distribute steam within the Premises. Landlord may install and maintain, at Tenant’s reasonable expense, meters to measure Tenant’s consumption of steam and Tenant shall reimburse Landlord, within thirty (30) days after demand therefor, for the equipment and software required for Tenant quantities of steam shown on such meters, which charges shall be based on Landlord’s then established Building standard charges therefor;
(iii) (A) passenger elevator service to have each floor of the ability to request heat Premises at any time other than all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times and (“After B) freight elevator service to the Premises on a first come-first served basis (i.e., no advance scheduling) during Business Hours Heat”on Business Days, and on a reserved basis at all other times upon the payment of Landlord’s then established Building standard charges therefor; provided, that in connection with Tenant’s Initial Alterations and Tenant’s initial move into the Premises, (x) through Landlord shall provide Tenant with up to one hundred (100) hours (in the aggregate) of freight elevator service free of charge, to be used by Tenant during non-Business Hours and on non-Business Days and otherwise in accordance with Landlord’s rules and regulations covering freight elevator service, (y) on every calendar day, Tenant shall be entitled to three (3) hours of priority use of Tenantone (1) freight elevator cab and the loading dock during non-Business Hours (which use Tenant shall coordinate in advance with Landlord), subject to Landlord’s BMS System need for such freight elevator and/or loading dock in the event of an emergency, for Building deliveries or during any period when one or more of the other automated system, provided, if freight elevators in the provision of such system Building is not feasibleoperational on account of repairs and/or maintenance and (z) the freight elevator charges referenced in this clause (iii) shall be $87.50 an hour (and thereafter, Landlord’s then established Building standard charges therefore as described on Exhibit E attached hereto or otherwise). The use of all elevators shall be on a nonexclusive basis (except when the freight elevator is reserved in accordance with the provisions of this Lease and except as otherwise set forth in this clause (iii)) and subject to coordination with Landlord;
(iv) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for pantry, core lavatory (excluding private bathrooms or showers and similar non-customary office usage), make up water to the humidifiers serving the Premises and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish After Hours Heat cold water at the Building core riser through a capped outlet located on the floor on which the Premises is located (within one hour the core of receipt of notice (which may be to a Building property manager or concierge, in either case designated by Landlord as the responsible personBuilding), and may be given in advance the cost of heating such water, as a standing request) from Tenant. Tenant shall pay the Actual Cost, if any, well as Landlord’s then established Building standard charges for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s BMS System or other automated system. For purposes of this Section 3.01(a) only, Tenant may deliver notices for piping and supplying such overtime services by e-mail water to the designated e-mail address Premises, shall be paid by Tenant within thirty (30) days after receipt of Landlord’s building manager. demand therefor; further, if Tenant requires water for any other purpose or in amounts materially in excess of normal office usage, Landlord may install and maintain, at Tenant’s expense, a water meter or meters and thereby measure Tenant’s consumption of heat water for such purposes. Tenant shall (i) pay to Landlord the reasonable cost of any such meters and their installation, (ii) at Tenant’s sole cost and expense, keep any such meters and any such installation equipment in good working order and repair, and (iii) pay to Landlord, as Additional Charges, within thirty (30) days after demand therefor, for the incremental cost of water consumed (such charge to be one hundred five (105%) percent of the actual costs incurred by Landlord with respect to such usage). Landlord shall also maintain and pay all costs associated with the Building’s sewage and sewage connection system;
(A) electrical capacity of not less than eight (8) xxxxx, demand load, per usable square foot contained in the Premises (exclusive of the base Building HVAC system); such electrical capacity shall be measured by BTU meters installedsupplied via the Building bus duct and shall be available at the Electrical Closets (it being understood that Tenant shall be responsible for bringing such electrical capacity from the Electrical Closets to the Premises); Landlord shall provide a 200 ampere switch, maintained and replaced as set forth fused at 200 amperes, in each Electrical Closet; in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Metering ScheduleBuilding unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Actual Costs thereofBuilding), including taxes imposed by governmental authorities the same is available and any incremental Actual Costs associated with meter reading necessary for Tenant’s use and the cost thereof shall be payable within 30 days after Tenant receives an invoice paid by Tenant; the term “Electrical Closets” shall mean (x) the two (2) electric closets located on each of the 19th Floor Premises and reasonable supporting documentation therefor.20th Floor Premises and (y) one (1) electric closet located on the 21st Floor Premises;
Appears in 1 contract
Landlord Services. From 11.1 LANDLORD, at LANDLORD’S cost and after expense (subject to reimbursement as ADDITIONAL RENT pursuant to the Occupancy Date (it being agreed that any other provision terms of services by Landlord to Tenant prior to such time shall be in accordance with the provisions of the DCAthis LEASE), Landlord shall furnish the Premises, or the applicable portions of the Premises as the case may be, with cause the following services (collectively, except to the extent Tenant has elected to Self-Perform the same in accordance with Section 3.03, and as modified from time to time pursuant to the Reduced or Increased Premises Operational Mechanism, the “Landlord Services”), the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein):provided:
(a) provide lawn care and landscaping for the PROPERTY COMMON AREA;
(ib) heat provide snow shoveling and snow and ice removal from the parking area, sidewalks, drives and roadways on the PROPERTY COMMON AREA;
(c) provide general external and structural maintenance to the Premises during Business Hours BUILDING;
(d) keep in good order and repair and maintain, in accordance with all applicable laws, rules and regulations, the design specifications fire water pump, pump house, sewer, water, gas, electrical and fire lines located at the PROPERTY;
(e) maintain and service the heat, air-conditioning, ventilation, mechanical, electrical, gas and plumbing systems for the LEASED PREMISES, the BUILDING, the TENANT SUITE and the PROPERTY COMMON AREA;
(f) provide a dumpster near the BUILDING for TENANT’s use for ordinary and customary office refuse;
(g) cause the BUILDING, the LEASED PREMISES, TENANT SUITE and the PROPERTY COMMON AREA to comply with all applicable laws, ordinances, rules and regulations including, but not limited to, the Americans with Disability Act (subject to reimbursement as OPERATING EXPENSES pursuant to Section 6.3 and 6.4 hereof);
(h) provide janitorial services to the common lobbies, hallways and restrooms of the TENANT SUITE and the BUILDING. Notwithstanding anything to the contrary set forth in the Upgraded Basis of Design (as defined in the DCA). Landlord shall endeavor to install the equipment and software required for Tenant to have the ability to request heat at any time other than during Business Hours (“After Hours Heat”) through the use of Tenant’s BMS System or other automated systemthis LEASE, provided, if the provision of such system is not feasible, Landlord shall furnish After Hours Heat within one hour of receipt of notice (which may be to a Building property manager or concierge, in either case designated by Landlord as the responsible person, and may be given in advance as a standing request) from Tenant. Tenant shall pay the Actual Cost, if any, for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s BMS System or other automated system. For purposes of this Section 3.01(a) only, Tenant may deliver notices for such overtime services by e-mail to the designated e-mail address of Landlord’s building manager. Tenant’s consumption of heat TENANT acknowledges that TENANT shall be measured by BTU meters installedresponsible for cleaning and all other janitorial services at the LEASED PREMISES, maintained at TENANT’s sole cost and replaced expense as set forth in Section 10.3 hereof;
11.2 If any interruption of utilities or essential services that (1) results from LANDLORD’S default hereunder or LANDLORD’S negligence, (2) is within the Metering ScheduleLANDLORD’S reasonable control to correct and (3) does not result from TENANT’S default or failure to maintain hereunder or TENANT’S negligence, shall continue for more than fifteen (15) consecutive days and shall render the Actual Costs thereofLEASED PREMISES untenantable for the normal conduct of TENANT’S business, including taxes imposed by governmental authorities a pro rata portion based upon the untenantable square feet of the LEASED PREMISES of the NET RENT and ADDITIONAL RENT and other payments hereunder shall axxxx from the period beginning on the sixteenth (16th) consecutive day of such interruption and continuing until and to the extent use of the LEASED PREMISES is restored to TENANT. LANDLORD shall have no other or further liability to TENANT for any incremental Actual Costs associated with meter reading shall be payable within 30 days after Tenant receives an invoice and reasonable supporting documentation thereforinterruption or suspension of heating, air-conditioning, ventilation, electric, plumbing, mechanical services to the LEASED PREMISES.
Appears in 1 contract
Landlord Services. From and after the Occupancy Date (it being agreed that any other provision of services by Landlord to Tenant prior to such time shall be in accordance with the provisions of the DCA), Landlord shall furnish the Premises, or the applicable portions of the Premises as the case may be, with the following services (collectively, except to the extent Tenant has elected to Self-Perform the same in accordance with Section 3.03, and as modified from time to time pursuant to the Reduced or Increased Premises Operational Mechanism, the “Landlord Services”), the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein):
(a) Landlord shall provide the following to the Premises and/or other areas in the Project as identified herein twenty-four (24) hours per day, 365 days per year, unless specified otherwise herein, during the Term at no additional cost except for those costs included in Tenant’s Share of Operating Expenses, unless specified otherwise herein, consistent in terms of quality, quantity and frequency at or above the levels specified herein with those services provided in other Class A Projects: (i) heat to heating, ventilation and air conditioning (“HVAC”) in the Premises respective seasons during Business Hours in accordance the Premises, common area hallways, lobbies and bathrooms meeting the minimum specifications set forth on Exhibit F attached hereto; provided HVAC service to the Premises before or after Business Hours (if required by Tenant) will be provided via the automated system described in and subject to the terms of Section 7(b); (ii) electricity in the amount necessary to service (a) all lighting and equipment in the Premises with such amount not to exceed the design specifications amount set forth in the Upgraded Basis of Design specifications set forth on Exhibit F attached hereto (hereby defined as defined “Building Standard Electricity”); and (b) Common Areas and the Parking Garage and any other parking facilities for the Building; (iii) water for drinking purposes in the DCAPremises, and hot and cold water for requirements in the restrooms, and sewer services to all required devices and areas in the Premises, restrooms and other Common Areas, and, to the extent applicable to the Building, gas, oil, and steam service; (iv) cleaning services meeting the minimum specifications set forth on Exhibit I attached hereto; (v) pest control; (vi) sprinkler and fire alarm systems as required by governmental authorities for the Premises, Building and Parking Garage; (vii) landscaping services; (viii) property management services; (ix) washing of the outside windows in the Premises no less than one (1) time per calendar year; (x) elevators serving all floors of the Building and Parking Garage; (xi) supply and install Building-standard bulbs and/or any other parts associated with such Building-standard electric lighting fixtures as necessary in the Premises and in the Common Areas and Parking Garage and any other parking facilities for the Building, for the purpose of this Lease, “Building-standard bulbs” mean bulbs which are typically found in light fixtures in the Premises and other tenant spaces in the Building, but in no event bulbs in Tenant’s furniture, and “Building-standard electric lighting fixtures” mean lighting fixtures which are typically found in the Premises and other tenant spaces in the Building, but in no event fixtures in Tenant’s furniture; (xii) access to the Building, Premises, Parking Garage and Project twenty-four hours per day, seven days a week except during bona fide emergencies (access to the Building and/or Parking Garage when locked, secured, and/or controlled shall be by a card-access system provided by Landlord); (xiii) pest control for the Premises and Project as necessary to maintain a pest free environment; (xiv) interior plant maintenance in the Common Areas; and (xv) security patrol services. Tenant, at Tenant’s expense, shall make arrangements with the applicable utility companies and public bodies to provide, in Tenant’s name, telephone, cable, and any other utility service not provided by Landlord that Tenant desires at the Premises, and upon Tenant’s written request, Landlord agrees to provide prompt and reasonable access at no expense to the Building risers, service areas and other required areas necessary for these services to be established and provided in the Project. Notwithstanding anything contained in this Section 7(a) and/or this Lease to the contrary, after Tenant provides Landlord with not less than 90 days’ prior written notice, Tenant may elect, in its sole discretion, to directly contract, oversee, and pay for cleaning services in the Premises and the Building meeting the minimum specifications set forth on Exhibit I or such higher specifications as Tenant may require beginning on the date specified in Tenant’s notice (which date must be at least 90 days after the date of Landlord’s receipt of such notice). In the event Tenant provides the notice and elects to directly contract for, oversee and pay for cleaning services as provided for in the preceding sentence, Landlord shall endeavor to install stop providing such services as of the equipment date specified in Tenant’s notice and software required not include the cost for such services in Project Expenses. In the event Tenant elects to have Landlord resume providing cleaning services in the ability Premises and the Building, Landlord agrees to request heat at any time other than during Business Hours (“After Hours Heat”) through the use do so within 90 days after Landlord’s receipt of Tenant’s BMS System or other automated system, provided, if written notice and thereafter include the provision of such system is not feasible, Landlord shall furnish After Hours Heat within one hour of receipt of notice (which may be to a Building property manager or concierge, in either case designated by Landlord as the responsible person, and may be given in advance as a standing request) from Tenant. Tenant shall pay the Actual Cost, if any, for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s BMS System or other automated system. For purposes of this Section 3.01(a) only, Tenant may deliver notices cost for such overtime services by e-mail to the designated e-mail address of Landlord’s building manager. Tenant’s consumption of heat shall be measured by BTU meters installed, maintained and replaced as set forth in the Metering Schedule, and the Actual Costs thereof, including taxes imposed by governmental authorities and any incremental Actual Costs associated with meter reading shall be payable within 30 days after Tenant receives an invoice and reasonable supporting documentation thereforProject Expenses.
Appears in 1 contract
Landlord Services. From During the Term, Landlord shall furnish Tenant with the following services: (a) hot and cold water in Building bathrooms and chilled water in Building drinking fountains, if any; (b) use of the Building Systems, such as then existing feeders and risers, to obtain electrical power from the utility supplier sufficient for lighting the Premises and powering office equipment consuming up to seven (7) wxxxx per square foot of Rentable Area of the Premises; (c) heating, ventilating or air-conditioning, as appropriate, to the Premises and the Common Areas of the Project, during Business Hours at such temperatures and in such amounts as customarily and seasonally provided to tenants occupying comparable space in first-class office buildings in the surrounding area; (d) electric lighting for the Common Areas of the Project; (e) passenger elevator service, in common with others, for access to and from the Premises twenty-four (24) hours per day, seven (7) day per week; provided, however, that Landlord shall have the right to limit the number of (but not cease to operate all) elevators to be operated after the Occupancy Date Business Hours and on Saturdays, Sundays and Holidays; (it being agreed that any other provision of f) janitorial cleaning services by Landlord to Tenant prior to such time shall be in accordance with the provisions janitorial specifications attached hereto as Exhibit F; (g) facilities for Tenant’s loading, unloading, delivery and pick-up activities, including access thereto during Business Hours, subject to the Rules and Regulations, the type of the DCA)facilities, Landlord shall furnish and other limitations of such loading facilities; and (h) replacement, as necessary, of all Building standard lamps and ballasts in Building standard light fixtures within the Premises, or the applicable portions with Tenant to pay for all bulbs and ballasts and to purchase such bulbs and ballasts solely from Landlord. All services referred to in this Section 7.1 shall be provided by Landlord and paid for by Tenant as part of Tenant’s Operating Costs Payment. At no time shall use of electricity in the Premises as exceed the case may becapacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring to meet Tenant’s excess electrical requirements shall, with the following services (collectivelyupon Tenant’s written request, except to the extent Tenant has elected to Self-Perform be installed by Landlord, at Tenant’s sole cost, if, in Landlord’s reasonable judgment, the same in accordance with Section 3.03, are necessary and as modified from time to time pursuant to the Reduced or Increased Premises Operational Mechanism, the “Landlord Services”), the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein):
(a) not (i) heat cause permanent damage or injury to the Premises during Business Hours in accordance Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses or (iv) interfere with or disturb other tenants or occupants of the design specifications set forth in the Upgraded Basis of Design (as defined in the DCA). Landlord shall endeavor to install the equipment and software required for Tenant to have the ability to request heat at any time other than during Business Hours (“After Hours Heat”) through the use of Tenant’s BMS System or other automated system, provided, if the provision of such system is not feasible, Landlord shall furnish After Hours Heat within one hour of receipt of notice (which may be to a Building property manager or concierge, in either case designated by Landlord as the responsible person, and may be given in advance as a standing request) from Tenant. Tenant shall pay the Actual Cost, if any, for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s BMS System or other automated system. For purposes of this Section 3.01(a) only, Tenant may deliver notices for such overtime services by e-mail to the designated e-mail address of Landlord’s building manager. Tenant’s consumption of heat shall be measured by BTU meters installed, maintained and replaced as set forth in the Metering Schedule, and the Actual Costs thereof, including taxes imposed by governmental authorities and any incremental Actual Costs associated with meter reading shall be payable within 30 days after Tenant receives an invoice and reasonable supporting documentation thereforBuilding.
Appears in 1 contract
Samples: Lease Agreement (Calamos Asset Management, Inc. /DE/)
Landlord Services. From (a) Except as specifically provided otherwise herein, from and after the Occupancy Date (it being agreed date that any other provision Tenant first occupies the Premises for the conduct of services by Landlord to Tenant prior to such time shall be in accordance with the provisions of the DCA)Tenant's business, Landlord shall furnish the Premises, or the applicable portions of the Premises as the case may be, Tenant with the following services (collectively, except "Landlord Services"):
(i) (A) passenger elevator service to the extent Tenant has elected 19th Floor, with at least three (3) passenger elevators available at all times during Business Hours on Business Days and at least one passenger elevator subject to Selfcall at all other times, it being agreed that two of such passenger elevators shall service floors 14 through 19 only and (B) freight elevator service to the Premises and use of the loading dock on a first come-Perform the same in accordance with Section 3.03first served basis (i.e., no advance scheduling) from 8:00 am. to 5:00 p.m. on Business Days, and as modified from time to time pursuant to on a reserved basis at all other times upon the Reduced or Increased Premises Operational Mechanismpayment of Landlord's actual cost for the use of the freight elevator and loading dock including, the “Landlord Services”)without limitation, the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein):
(a) (i) heat to an operator for the Premises during Business Hours in accordance with the design specifications set forth in the Upgraded Basis of Design (as defined in the DCA). Landlord shall endeavor to install the equipment and software required for Tenant to have the ability to request heat at any time other than during Business Hours (“After Hours Heat”) through elevator; the use of Tenant’s BMS System or all elevators shall be on a nonexclusive basis;
(ii) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory and cleaning purposes only; if Tenant requires water for any other automated system, provided, if the provision of such system is not feasiblepurpose, Landlord shall furnish After Hours Heat within one hour of receipt of notice (which may be to cold water at the Building core riser through a Building property manager or concierge, in either case designated by Landlord as the responsible person, and may be given in advance as a standing request) from Tenant. Tenant shall pay the Actual Cost, if any, for any additional equipment or software required capped outlet to be installed to enable Tenant to request After Hours Heat through at Tenant's expense located on the use floor on which the Premises is located (within the core of Tenant’s BMS System or other automated system. For purposes of this Section 3.01(a) only, Tenant may deliver notices for such overtime services by e-mail to the designated e-mail address of Landlord’s building manager. Tenant’s consumption of heat shall be measured by BTU meters installed, maintained and replaced as set forth in the Metering ScheduleBuilding), and the Actual Costs thereofcost of heating such water, including taxes imposed by governmental authorities as well as the cost of piping and any incremental Actual Costs associated with meter reading supplying such water to the Premises, shall be payable within 30 days after paid by Tenant; Landlord may install and maintain, at Tenant's expense, meters to measure Tenant's consumption of cold water and/or hot water for such other purposes in which event Tenant receives an invoice shall reimburse Landlord for the quantities of cold water and reasonable supporting documentation therefor.hot water shown on such meters (including Landlord's standard charge for the production of such hot water, if produced by Landlord), on demand;
(iii) electrical capacity equal to at least six (6) xxxxx demand load per square foot of rentable space for lighting and receptacles, and six
Appears in 1 contract
Samples: Lease (Actv Inc /De/)
Landlord Services. From (a) Subject to Section 5 and after Section 6, Landlord shall provide the Occupancy Date following to the Premises during the Term, all in a manner commensurate with that of owners of other first-class office buildings in the Hernxxx xxxa: (it being agreed that i) HVAC service in the respective seasons during Business Hours; provided HVAC service to the Premises on Saturdays will be provided only upon Tenant’s prior request to Landlord received no later than noon on the preceding business day; (ii) electricity (a minimum of five and one-half (5.5) wattx xxx rentable square foot, excluding Building standard HVAC service and lighting) for lighting and standard office equipment for comparable buildings in the market in which the Project is located; (iii) water, sewer, and, to the extent applicable to the Building, gas, oil, and steam service; (iv) replacement of bulbs, tubes and ballasts in all building standard light fixtures; (v) interior and exterior window cleaning; and (vi) cleaning services meeting the minimum specifications set forth in Exhibit D attached hereto. Landlord will allow an employee to space ratio of 1:150 rentable square feet leased; provided, however, if Tenant’s density occupancy triggers additional improvements to restrooms and/or the HVAC system, then Tenant shall be responsible for the cost of such improvements. Tenant, at Tenant’s expense, shall make arrangements with the applicable utility companies and public bodies to provide, in Tenant’s name, telephone, cable, and any other provision of services utility service not provided by Landlord that Tenant desires at the Premises.
(b) Landlord shall not be obligated to furnish any services, supplies, or utilities other than as set forth in this Lease; provided, however, upon Tenant’s prior request sent in accordance with Section 25(p) below, Landlord may furnish additional services, supplies, or utilities, in which case Tenant shall pay to Landlord, within 30 days after demand, Landlord’s then-current charge for such additional services, supplies, or utilities, or Tenant’s pro rata share thereof, if applicable, as reasonably determined by Landlord. Landlord’s current rate for HVAC service outside of Business Hours requested with at least 24 hours’ prior notice (or by noon for weekend service) is $55.00 per hour, per zone, with a 2-hour minimum if the service does not commence immediately following the end of a day’s Business Hours.
(c) On the Commencement Date, Landlord shall deliver the following in good working order: (i) base Building structural systems and exterior; (ii) the roof system; (iii) all mechanical, HVAC, plumbing (water and sewage), life/fire/safety, and electrical systems which are connected to, providing services to, or part of the Premises; and (iv) all Common Area elevators.
(i) At Tenant’s sole cost and expense and provided there is no Event of Default, Tenant (but not any subtenant) shall have nonexclusive access during the Term to Tenant’s Share of the area of the roof of the Building designated by Landlord as specified for antennas, in designated areas mutually agreed upon for the purpose of installation of Tenant’s communication equipment, supplemental HVAC units and/or satellite dishes (collectively, including any and all special cabling associated therewith, the “Roof Equipment”) provided: (A) the Roof Equipment does not impact Landlord’s roof warranty; (B) the Roof Equipment complies with all applicable Laws; (C) Tenant obtains Landlord’s prior written consent thereto, including without limitation approval of (1) the placement of the Roof Equipment, (2) any roof penetrations, (3) an elevation or representational drawing of what the Roof Equipment will look like when mounted to the roof of the Building, and (4) a specific scope of work from Tenant’s contractor; (D) Landlord shall have the right, at any time and from time to time, to require Tenant to relocate the Roof Equipment to another location specified by Landlord; and (E) Tenant removes the Roof Equipment and restores the roof to its original condition prior to the Surrender Date. If Landlord determines it to be reasonably necessary, Landlord shall have the right to require, at Tenant’s expense, that a structural engineering report be prepared prior to Landlord’s approval of any proposed Roof Equipment. If not then adequately screened, Tenant shall, at Tenant’s expense, screen the Roof Equipment on all sides, which screening shall be subject to Landlord’s prior reasonable approval including, without limitation, the materials and appearance of the screening. The Roof Equipment is deemed Tenant’s Property and shall be for the sole benefit of Tenant, relate specifically to Tenant’s use of the Premises, and not be used as a switching station, amplification station, or by other tenants or third parties. Tenant is solely responsible for all costs associated with the installation, maintenance, and removal of the Roof Equipment.
(ii) Tenant shall make a request for approval of the Roof Equipment by submission of specific plans and specifications for the work to be performed. Landlord shall respond in writing within 10 business days after receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord’s judgment, reasonably exercised, unacceptable and with respect to the plans, specifically detailing the nature of Landlord’s objection. Landlord shall have the right to separately meter the Roof Equipment for electricity or to cause Tenant to separately meter the Roof Equipment for electricity, in either case, at Tenant’s expense, and, in such time case, Tenant shall pay as Additional Rent the electricity charges for the Roof Equipment directly to Landlord or to the electricity provider, as Landlord shall reasonably determine. Tenant shall pay to Landlord within 30 days after Landlord sends Tenant an invoice therefor, all reasonable costs actually incurred by Landlord in connection with Landlord’s review and inspection of Tenant’s plans for the Roof Equipment and the installation thereof.
(iii) Tenant shall be responsible for procuring all licenses and permits that may be required for the installation, use, or operation of the Roof Equipment, and Landlord makes no warranties or representations as to the permissibility or the permittability of the Roof Equipment under any applicable Law. Prior to installing the Roof Equipment, Tenant will deliver to Landlord reasonable evidence of Tenant’s having obtained all consents or approvals required by any applicable Laws.
(iv) Tenant shall be solely responsible for all damages caused by the Roof Equipment, the removal of the Roof Equipment, and the restoration of the roof prior to the Surrender Date, unless directed in writing by Landlord otherwise. Tenant shall protect, defend, indemnify, and hold harmless Landlord and all Landlord Indemnitees from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses, and costs (including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees and court costs) arising out of or from or related to the construction, installation, maintenance, use, or removal of the Roof Equipment. The Additional Insureds shall be named as additional insureds on all Tenant insurance relating to the Roof Equipment. All installation, repair, replacement, and modification of the Roof Equipment shall be coordinated with Landlord, use only contractors approved in writing by Landlord, and be in accordance with all applicable Laws and Landlord’s construction rules and regulations for the provisions Building. Tenant shall: (A) construct and maintain the Roof Equipment in good working order and construct, maintain and operate the Roof Equipment in compliance with all applicable Laws; (B) install, utilize and operate the Roof Equipment in accordance with the specifications reasonably approved by Landlord as provided above and any governmental authorities that approved its installation; (C) construct the Roof Equipment in accordance with all Building rules and regulations and any other reasonable regulations promulgated by Landlord pertaining to construction in or on the Building by third-party contractors; and (D) physically label or otherwise mark all of Tenant’s cables for easy identification by Landlord.
(v) Landlord has advised Tenant that other parties (including, without limitation, other tenants of the DCA), Building) have certain rights to erect communications systems on the roof of the Building. Landlord shall furnish have the Premisesright for itself and to permit other parties (including, or the applicable without limitation, current and future tenants) to use portions of the Premises roof for communications equipment or for any other use so long as such use does not unreasonably interfere with Tenaxx’x xse. Landlord, at no expense to Landlord, shall make commercially reasonably efforts to minimize interference (but Landlord does not guaranty that there will not be any interference) with Tenant’s use of its Roof Equipment by other tenants’ equipment on the case may beroof of the Building. Tenant covenants that it will not use its Roof Equipment in a manner that will interfere with Landlord’s and/or any other party’s (including, with without limitation, any current or future tenant’s) use of the following services roof of the Building for communications equipment or for any other use as such use exists on the day on which Tenant begins to operate its Roof Equipment.
(collectivelyvi) Tenant acknowledges that Landlord might decide, except to the extent Tenant has elected to Self-Perform the same in accordance with Section 3.03, and as modified from time to time pursuant time, to repair or replace the Reduced or Increased Premises Operational Mechanism, roof of the Building (“Landlord ServicesRoof Repairs”). If Landlord elects to make Roof Repairs, Tenant shall, upon Landxxxx’x xequest, temporarily remove its Roof Equipment so that the Roof Repairs may be accomplished. If Tenant fails to so temporarily remove its Roof Equipment, the cost of which removing and reinstalling the Roof Equipment shall be included in Operating Expenses (except paid by Tenant as otherwise expressly set forth herein):
(a) (i) heat to the Premises during Business Hours in accordance with the design specifications set forth in the Upgraded Basis of Design (as defined in the DCA). Landlord shall endeavor to install the equipment and software required for Tenant to have the ability to request heat at any time other than during Business Hours (“After Hours Heat”) through the use of Tenant’s BMS System or other automated system, provided, if the provision of such system is not feasible, Landlord shall furnish After Hours Heat within one hour of receipt of notice (which may be to a Building property manager or concierge, in either case designated by Landlord as the responsible person, and may be given in advance as a standing request) from Tenant. Tenant shall pay the Actual Cost, if any, for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s BMS System or other automated system. For purposes of this Section 3.01(a) only, Tenant may deliver notices for such overtime services by e-mail to the designated e-mail address of Landlord’s building manager. Tenant’s consumption of heat shall be measured by BTU meters installed, maintained and replaced as set forth in the Metering Schedule, and the Actual Costs thereof, including taxes imposed by governmental authorities and any incremental Actual Costs associated with meter reading shall be payable Additional Rent within 30 days after Tenant receives receipt of an invoice therefor. Landlord shall not be liable to Tenant for any damages, lost profits, or other costs or expenses incurred by Tenant as the result of the Roof Repairs.
(vii) Landlord will not charge Tenant rent for the space occupied by the Roof Equipment throughout the Term. Tenant will pay Landlord, as Additional Rent within 30 days after receipt of an invoice therefor, for all expenses incurred by Landlord arising from any damage caused to the Building in connection with the installation, maintenance, operation, or removal of the Roof Equipment and reasonable supporting documentation thereforall special cabling associated therewith.
Appears in 1 contract
