Common use of LANDLORD’S GENERAL SERVICES Clause in Contracts

LANDLORD’S GENERAL SERVICES. (a) So long as the Lease is in full force and effect, Landlord shall furnish the following services: (1) Automatic elevator facilities during Standard Operating Hours, including use of the freight elevators. At least one (1) elevator and at least one (1) freight elevator shall operate during non-Standard Operating Hours, affording access to the Premises. (2) During Standard Operating Hours, heat, ventilation or air conditioning of the Premises when in the reasonable judgment of Landlord it is required for the comfortable occupancy of the Premises, subject to any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies. Upon request, Landlord shall make available at Tenant’s expense heat, ventilation or air conditioning for use at all other times, provided that such request is made at least one hour before the end of the Standard Operating Hours preceding such service and provided that the minimum use of such additional heat, ventilation or air conditioning and the cost thereof shall be determined by Landlord and paid by Tenant (including overhead allocations), as the same may change from time to time. The current rate for after-hours HVAC services is Forty Dollars ($40.00) per hour. (3) Electric current to the Premises in accordance with the terms and conditions of Section 6.01(b). (4) Water for drinking, cleaning and lavatory purposes only in the Common Areas of the Building. (5) Customary cleaning and janitorial services in the Premises five (5) days per week, excluding National Holidays. (6) Replacement, as necessary, of the fluorescent tubes in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non-Building standard lighting fixtures, if any, installed in the Premises. If Tenant shall fail to make any such replacement within five (5) days after written notice from Landlord, Landlord may, with prior notice to Tenant, make such replacement and charge the cost of labor and materials involved therein to Tenant, as additional Rent. (7) Day ▇▇▇▇▇▇ service in the Common Areas and building standard restrooms. (b) Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Operating Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed four (4) ▇▇▇▇▇ per square foot of the Premises, or 600 amps of 208 volts for each of Floor 17 and Floor 18 of the Premises. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as sub-meters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord additional Rent for the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). (c) In addition to any after-hours use of the Building’s heating, ventilation or air conditioning systems under Section 6.01(a)(2) above, and use of excess electricity as provided in Section 6.01(b) above, Landlord may impose a reasonable charge upon Tenant for all other utilities and services used by Tenant or at the Premises which involve (1) any material use of the Premises at any time other than Standard Operating Hours, (2) any use beyond that which Landlord is required to furnish under Section 6.01(a) above, or (3) any special heating, ventilating or air conditioning needs created in certain areas of the Premises by special telephone equipment, computers or other similar equipment or uses by Tenant. At any time and from time to time during the Term of this Lease, Landlord may in its reasonable discretion install meters or other similar devices in the Premises or the Building for the purpose of measuring utilities other than electricity supplied to the Premises. If such meter or other device shows at any time that utilities have been supplied to the Premises for which Landlord may impose a charge as provided in this Section 6.01(c), then the cost of such meter or similar device and the cost of installation thereof shall be borne by Tenant and Tenant shall reimburse Landlord for such costs within ten (10) days of receipt of Landlord’s invoice thereof. The cost of such excess use and all related costs separately billed to Tenant pursuant to this Section 6.01(c) shall not be included as part of Operating Expenses. (d) Tenant agrees to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the use of the above-described utilities and services to be provided by Landlord. Any failure to pay any excess costs as described above shall constitute a breach of the obligation to pay Rent under this Lease and shall entitle Landlord to the rights granted herein, at Law or in equity as a result of such a breach. (e) Notwithstanding anything to the contrary above, Landlord reserves the right from time to time to make reasonable modifications to the above standards for utilities and services.

Appears in 2 contracts

Sources: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)

LANDLORD’S GENERAL SERVICES. (a) So long as the this Lease is in full force and effecteffect and Tenant has paid all Rent then due, Landlord shall furnish the following servicesservices the cost of which services shall be included in Operating Expenses: (1) Automatic elevator facilities heat, ventilation and air-conditioning (“HVAC”) in the Premises (i) during Standard Operating Hours, including use of the freight elevators. At least one (1) elevator and at least one (1) freight elevator shall operate during non-Standard Operating Hours, affording access to the Premises. (2) During Standard Operating Hours, heat, ventilation or air conditioning of the Premises when Hours as necessary in the Landlord’s reasonable judgment of Landlord it is required for the comfortable occupancy of the PremisesPremises under normal business office and laboratory operations, and (ii) outside of Standard Operating Hours to minimum safe setback levels for laboratory operations (“After-Hours Setback”), subject to any requirements or standards relating to, among compliance with all applicable voluntary and mandatory regulations and Laws; (2) tempered and cold water for normal and customary use in the Premises and in lavatories in common with other things, energy conservation, imposed or established by governmental agencies. Upon request, Landlord shall make available at Tenant’s expense heat, ventilation or air conditioning for use at all other times, provided that such request is made at least one hour before tenants from the end regular supply of the Standard Operating Hours preceding such service and provided that the minimum use of such additional heat, ventilation or air conditioning and the cost thereof shall be determined by Landlord and paid by Tenant (including overhead allocations), as the same may change from time to time. The current rate for after-hours HVAC services is Forty Dollars ($40.00) per hour.Building; (3) Electric current to the Premises in accordance with the terms and conditions of Section 6.01(b). (4) Water for drinking, cleaning and lavatory purposes only in the Common Areas of the Building. (5) Customary customary cleaning and janitorial services in the Premises Common Areas five (5) days per week, excluding National Holidays.; (4) washing of the outside windows in the Premises weather permitting at intervals determined by Landlord, but consistent with a first-class office and laboratory building in Emeryville or Berkeley; (5) automatic passenger elevator service in common with other tenants of the Building and freight elevator service subject to reasonable scheduling by Landlord and payment of Landlord’s standard charges. Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, subject to such reasonable measures and systems for access control and/or tenant identification as exist from time to time at the Building, including, for example only, keys or card-keys for entry; and (6) Replacementshuttle service for employees of the tenants of the Aquatic Park Center Campus between the Aquatic Park Center Campus and the ▇▇▇▇▇ ▇▇▇▇ station, as necessaryadministered by Landlord, its affiliates or third parties, which shuttle service currently operates on weekdays (excluding holidays) between the hours of 5:35 a.m. through 9:55 a.m., and 3:00 p.m. through 6:45 p.m. (b) Landlord shall provide a security program for the Building (but not individually for Tenant or the Premises) generally consistent with the standards of comparable class “A” office/laboratory buildings in Berkeley. The cost of the fluorescent tubes security program shall be an Operating Expense. Landlord shall not be liable in the Building standard lighting fixtures installed by Landlord. any manner to Tenant shall replaceor any other Tenant Parties for any acts (including criminal acts) of others, as necessaryor for any direct, all bulbs and fluorescent tubes in non-Building standard lighting fixturesindirect, if anyor consequential damages, installed in the Premises. If Tenant shall fail to make or any such replacement within five (5) days after written notice from Landlordinjury or damage to, Landlord mayor interference with, with prior notice to Tenant, make such replacement and charge the cost of labor and materials involved therein to Tenant, as additional Rent. (7) Day ▇▇▇▇▇▇ service in the Common Areas and building standard restrooms. (b) Electricity used by Tenant in the Premises shall▇’s business, at Landlord’s optionincluding, be paid for by Tenant either: (a) through inclusion in Operating Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; but not limited to, loss of profits, loss of rents or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent other revenues, loss of Landlordbusiness opportunity, Tenant’s use loss of electrical service shall not exceed four (4) ▇▇▇▇▇ per square foot goodwill or loss of the Premisesuse, or 600 amps other loss or damage, bodily injury or death, related to any malfunction, circumvention or other failure of 208 volts for each of Floor 17 and Floor 18 of the Premises. Landlord shall have the right to measure electrical usage by commonly accepted methodsany security program, including the installation of measuring devices such as sub-meters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord additional Rent or for the cost failure of any security program to prevent bodily injury, death, or property damage, or loss, or to apprehend any person suspected of causing such excess electrical usage and for the cost of purchasing and installing the measuring device(s)injury, death, damage or loss. (c) In addition to any after-hours use of the Building’s heating, ventilation or air conditioning systems under Section 6.01(a)(2) above, So long as this Lease is in full force and use of excess electricity as provided in Section 6.01(b) aboveeffect and Tenant has paid all Rent then due, Landlord may impose a reasonable charge upon Tenant for all other utilities and services used by Tenant or at the Premises which involve (1) any material use of the Premises at any time other than Standard Operating Hours, (2) any use beyond that which Landlord is required to shall furnish under Section 6.01(a) above, or (3) any special heating, ventilating or air conditioning needs created in certain areas of the Premises by special telephone equipment, computers or other similar equipment or uses by Tenant. At any time and from time to time during the Term of this Lease, Landlord may in its reasonable discretion install meters or other similar devices in the Premises or the Building for the purpose of measuring utilities other than electricity supplied to the Premises. If such meter or other device shows at any time that utilities have been supplied to the Premises for which Landlord may impose a charge as provided replacement lamps, bulbs, ballasts and starters used in this Section 6.01(c)any normal Building lighting installed in the Premises, then except that if the cost replacement or repair of such meter items is a result of negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or similar device and the invitees, such cost of installation thereof shall be borne paid by Tenant and Tenant shall reimburse Landlord for such costs within ten (10) days of receipt of Landlord’s invoice thereof. The cost of such excess use after notice from Landlord and all related costs separately billed to Tenant pursuant to this Section 6.01(c) shall not be included as part of Operating Expenses. (d) If Tenant agrees uses heat generating machines or equipment in the Premises to cooperate fully with an extent which adversely affects the temperature otherwise maintained by the air-cooling system or whenever the occupancy or electrical load adversely affects the temperature otherwise maintained by the air-cooling system, Landlord reserves the right to install or to require Tenant to install supplementary air-conditioning units to service the Premises. Tenant shall bear all costs and to abide by all reasonable regulations and requirements which Landlord may prescribe for the use of the above-described utilities and services to be provided by Landlord. Any failure to pay any excess costs as described above shall constitute a breach of the obligation to pay Rent under this Lease and shall entitle Landlord expenses related to the rights granted hereininstallation, at Law or in equity as a result maintenance and operation of such a breachunits. (e) Notwithstanding anything Tenant shall pay Landlord at rates fixed by Landlord for all tenants in the Building, charges for all water furnished to the contrary abovePremises beyond that described in Section 6.1(a)(2), Landlord reserves including the right from time to time to make reasonable modifications to the above standards for utilities expenses of installation of a water line, meter and servicesfixtures.

Appears in 2 contracts

Sources: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)

LANDLORD’S GENERAL SERVICES. (a) So long as Tenant shall have access to the Lease is in full force Building and effectthe Premises 24 hours a day, 365 days a year. (b) Throughout the Term, Landlord shall furnish the following services, the cost of which services shall be included in Operating Expenses or paid directly by Tenant to Landlord or the utility or service provider, as applicable, if such services are segregated from the other services provided to the Building: (1) Automatic elevator facilities during Standard Operating Hoursheat, including use ventilation and air-conditioning (“HVAC”) in the Premises and the Common Areas available twenty-four hours per day, seven days per week, subject to compliance with all applicable voluntary and mandatory regulations and Laws (see Exhibit D attached hereto for HVAC capacities). Tenant will have certain limited ability to adjust directly temperatures (potentially within a range of 4 - 7 degrees) and possibly air flows (potentially within a range of increases or decreases of 10% - 15%) within the freight elevators. At least one (1) elevator and at least one (1) freight elevator shall operate during non-Standard Operating HoursPremises, affording access to the Premises.extent feasible; (2) During Standard Operating Hours, heat, ventilation or air conditioning water for use in the Premises and Common Areas from the regular supply of the Premises when in the reasonable judgment of Landlord it is required for the comfortable occupancy of the Premises, subject to any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies. Upon request, Landlord shall make available at Tenant’s expense heat, ventilation or air conditioning for use at all other times, provided that such request is made at least one hour before the end of the Standard Operating Hours preceding such service and provided that the minimum use of such additional heat, ventilation or air conditioning and the cost thereof shall be determined by Landlord and paid by Tenant (including overhead allocations), as the same may change from time to time. The current rate for after-hours HVAC services is Forty Dollars ($40.00) per hour.Building; (3) Electric current to the Premises in accordance with the terms and conditions of Section 6.01(b). (4) Water for drinking, cleaning and lavatory purposes only in the Common Areas of the Building. (5) Customary customary cleaning and janitorial services in the Premises Common Areas five (5) days per week, excluding National Holidays.; (4) washing of the outside windows in the Premises weather permitting at intervals determined by Landlord; (5) automatic passenger and swing/freight elevator service in common with other tenants of the Building. Freight elevator service will be subject to reasonable scheduling by Landlord; and (6) Replacement, as necessary, of the fluorescent tubes in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non-Building standard lighting fixtures, if any, installed in the Premises. If Tenant shall fail to make any such replacement within five (5) days after written notice from Landlord, Landlord may, with prior notice to Tenant, make such replacement and charge the cost of labor and materials involved therein to Tenant, as additional Rent. (7) Day ▇▇▇▇▇▇ service in the Common Areas and building standard restrooms. (b) Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Operating Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed four (4) ▇▇▇▇▇ per square foot of the Premises, or 600 amps of 208 volts for each of Floor 17 and Floor 18 of the Premises. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as sub-meters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord additional Rent for the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s)security personnel. (c) In addition to any after-hours use of the Building’s heating, ventilation If Tenant uses heat generating machines or air conditioning systems under Section 6.01(a)(2) above, and use of excess electricity as provided in Section 6.01(b) above, Landlord may impose a reasonable charge upon Tenant for all other utilities and services used by Tenant or at the Premises which involve (1) any material use of the Premises at any time other than Standard Operating Hours, (2) any use beyond that which Landlord is required to furnish under Section 6.01(a) above, or (3) any special heating, ventilating or air conditioning needs created in certain areas of the Premises by special telephone equipment, computers or other similar equipment or uses by Tenant. At any time and from time to time during the Term of this Lease, Landlord may in its reasonable discretion install meters or other similar devices in the Premises to an extent which adversely affects the temperature otherwise maintained by the air-cooling system or whenever the Building for occupancy or electrical load adversely affects the purpose of measuring utilities other than electricity supplied temperature otherwise maintained by the air-cooling system, Landlord reserves the right to install or to require Tenant to install supplementary air-conditioning units in the Premises. If such meter or other device shows at any time that utilities have been supplied Tenant shall bear all costs and expenses related to the Premises for which Landlord may impose a charge as provided in this Section 6.01(c)installation, then the cost maintenance and operation of such meter or similar device and the cost of installation thereof shall be borne by Tenant and Tenant shall reimburse Landlord for such costs within ten (10) days of receipt of Landlord’s invoice thereof. The cost of such excess use and all related costs separately billed to Tenant pursuant to this Section 6.01(c) shall not be included as part of Operating Expensesunits. (d) Tenant agrees shall pay directly for all janitorial expenses incurred by Tenant if Tenant elects to cooperate fully with contract for janitorial service. If Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the use of the above-described utilities and provides janitorial services to be provided by Landlord. Any failure the Premises, Tenant shall pay the costs thereof to pay any excess costs as described above shall constitute Landlord on a breach of the obligation to pay Rent under this Lease and shall entitle Landlord to the rights granted herein, at Law or in equity as a result of such a breachmonthly basis. (e) Notwithstanding anything to the contrary above, Landlord reserves the right from time to time to make reasonable modifications to the above standards for utilities and services.

Appears in 1 contract

Sources: Lease Agreement (Amyris Biotechnologies Inc)

LANDLORD’S GENERAL SERVICES. (a) So long as the Lease is in full force and effect, Landlord shall furnish or cause to be furnished to the following servicesPremises the utilities and services described below, subject to the conditions and in accordance with the standards set forth below: (1) Automatic Landlord shall provide automatic elevator facilities without card access during Standard Operating Hours. Elevator facilities will be available by card access only after Standard Operating Hours. Tenant shall have access to the Premises seven (7) days per week, including use of twenty-four (24) hours per day, and if the freight elevatorsPremises does not have a separate door directly from the Premises to outside the Building, then Tenant shall have such access to the Premises through a common entrance to the Building and its Common Areas, subject to such reasonable measures and systems for access control and/or tenant identification as exist from time to time at the Building, including, for example only, keys or card-keys for entry. At least one (1) elevator and at least one (1) freight elevator shall operate The Building provides for controlled card access to tenant floors during non-Standard Operating Hours, affording Hours using an access to card reader located in the Premises.elevators. jka v14-Continental_Grand-Learning_Tree-Lease (2) During Landlord shall ventilate the Premises during Standard Operating Hours, heat, ventilation Hours and shall furnish heat or air conditioning of comparable to other Class A building in the Premises El Segundo, California when in the reasonable judgment of Landlord it is required for the comfortable occupancy of the PremisesPremises during Standard Operating Hours, subject to any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies. Upon request, Landlord shall make available at Tenant’s expense heat, ventilation heat or air conditioning for use at all other times, provided that such request is made at least one hour before no later than 2:00 P.M. on the end date of the Standard Operating Hours preceding such service or by 2:00 P.M. on the date preceding a National Holiday or weekend and provided further that the minimum use of such additional heat, ventilation heat or air conditioning and the cost thereof shall be determined by Landlord based on Landlord’s actual costs of such additional hear and paid by air conditioning service and confirmed in writing to Tenant (including overhead allocations), as the same may change from time to time. The current rate for after-hours HVAC services is Forty Dollars ($40.00) per hour. (3) Electric Landlord shall furnish electric current to the Premises at all times. Tenant’s use of electric current shall at no time exceed the capacity of the feeders to the Building or the risers or wiring installation therein. Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in accordance with the terms and conditions Premises other than personal computers without the prior written consent of Section 6.01(b)Landlord. (4) Water Landlord shall furnish water for drinking, cleaning and lavatory purposes only in the Common Areas of the Building, as well as hot and cold water in the kitchen areas of the Premises. (5) Customary cleaning Provided that the Premises are used exclusively as offices and are kept reasonably in order by Tenant, Landlord shall provide janitorial services in the Premises five (5) days per week, excluding National Holidays; however, in no event materially less than such services then being provided in comparable office buildings in the El Segundo market. If the Premises are not used exclusively as offices and education classroom facilities (provided Section 1.01 permits such use), Tenant or persons approved by Landlord shall keep the Premises clean and in order to the satisfaction of Landlord, but at Tenant’s sole expense. No persons other than Tenant and those persons approved by Landlord shall be permitted to enter the Premises for the purpose of keeping the Premises clean and in order. Tenant shall pay to Landlord the cost of removal of any of Tenant’s refuse and rubbish, to the extent that such refuse and rubbish removed by Landlord exceeds the refuse and rubbish usually attendant upon the use of premises as offices. (6) ReplacementLandlord shall replace, as necessary, of the fluorescent tubes light bulbs in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non-Building standard lighting fixtures, if any, installed in the Premises. If Tenant shall fail to make any such replacement within five (5) days after written notice from Landlord, Landlord may, with prior notice to Tenant, may make such replacement and charge the cost of labor and materials involved therein to Tenant, as additional Rent. (7) Day ▇▇▇▇▇▇ service in the Common Areas and building standard restroomsrent. (b) Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Operating Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed four (4) ▇▇▇▇▇ per square foot of the Premises, or 600 amps of 208 volts for each of Floor 17 and Floor 18 of the Premises. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as sub-meters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord additional Rent for the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). (c) In addition to any after-hours use of the Building’s heating, ventilation or air conditioning systems under Section 6.01(a)(2) above, and use of excess electricity as provided in Section 6.01(b) above, Landlord may impose a reasonable charge upon Tenant for all other utilities and services used by Tenant or at the Premises which involve involves (1) any material substantial recurrent use of the Premises at any time other than Standard Operating Hours, (2) any use beyond that which Landlord is required to furnish under Section 6.01(a) above, or (3) any special heating, cooling or ventilating or air conditioning needs created in certain areas of the Premises by special telephone equipment, computers or other similar equipment or uses by Tenant, or (4) any use of electrical service in the Premises (including, without limitation, all lighting) in excess of seven (7) ▇▇▇▇▇ per square foot of Usable Area of the Premises per hour during Standard Operating Hours. At any time and from time to time during the Term term of this Lease, Landlord may in its reasonable sole discretion install meters or other similar devices in the Premises or the Building for the purpose of measuring the electricity or other utilities other than electricity supplied to the Premises. If such meter or other device shows at any time that utilities have been supplied to the Premises for which Landlord may impose a charge as provided in this Section 6.01(c6.01(b), then the cost of such meter or similar device and the cost of installation thereof shall be borne by Tenant and Tenant shall reimburse Landlord for such costs within ten (10) days of receipt of Landlord’s invoice thereof. The cost of such excess use and all related costs separately billed to Tenant pursuant to this Section 6.01(c) shall not be included as part of Operating Expenses. (dc) Tenant agrees to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the use of the above-described utilities and services to be provided by Landlord. Any failure to pay any excess costs as described above shall constitute a breach of the obligation to pay Rent under this Lease and shall entitle Landlord to the rights granted herein, at Law law or in equity as a result of such a breach. (ed) Notwithstanding anything to the contrary above, Landlord reserves the right from time to time to make reasonable modifications to the above standards for utilities and services.

Appears in 1 contract

Sources: Office Lease (Learning Tree International Inc)

LANDLORD’S GENERAL SERVICES. (a) So long as the Lease is in full force and effecteffect and Tenant has paid all Rent then due, Landlord shall furnish the following services: (1) Automatic elevator facilities heat, ventilation and air-conditioning in the Premises during Standard Operating Hours, including use of the freight elevators. At least one (1) elevator and at least one (1) freight elevator shall operate during non-Standard Operating Hours, affording access to the Premises. (2) During Standard Operating Hours, heat, ventilation or air conditioning of the Premises when as necessary in the Landlord’s reasonable judgment of Landlord it is required for the comfortable occupancy of the PremisesPremises under normal business operations, subject to any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies. Upon request, Landlord shall make available at Tenant’s expense heat, ventilation or air conditioning compliance with all applicable voluntary and mandatory Laws; (2) tempered and cold water for use at all in lavatories in common with other times, provided that such request is made at least one hour before tenants from the end regular supply of the Standard Operating Hours preceding such service and provided that the minimum use of such additional heat, ventilation or air conditioning and the cost thereof shall be determined by Landlord and paid by Tenant (including overhead allocations), as the same may change from time to time. The current rate for after-hours HVAC services is Forty Dollars ($40.00) per hour.Building; (3) Electric current to the Premises in accordance with the terms and conditions of Section 6.01(b). (4) Water for drinking, cleaning and lavatory purposes only in the Common Areas of the Building. (5) Customary customary cleaning and janitorial services in the Premises five (5) days per week, excluding National Holidays.; (64) Replacement, as necessary, washing of the fluorescent tubes in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non-Building standard lighting fixtures, if any, installed outside windows in the Premises. If Tenant shall fail to make any such replacement within five , weather permitting, at intervals determined by Landlord; and (5) days after written notice from automatic passenger elevator service in common with other tenants of the Building and freight elevator service subject to reasonable scheduling by Landlord and payment of Landlord, Landlord may, with prior notice to Tenant, make such replacement and charge the cost of labor and materials involved therein to Tenant’s standard charges, as additional Rent. (7) Day ▇▇▇▇▇▇ service in the Common Areas and building standard restroomsadopted from time to time. (b) Electricity Wherever heat generating machines or equipment are used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Operating Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed four (4) ▇▇▇▇▇ per square foot of the Premises, or 600 amps of 208 volts for each of Floor 17 and Floor 18 of the Premises. Landlord following additional provisions shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as sub-meters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord additional Rent for the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s).apply: (c) In addition to any after-hours use of the Building’s heating, ventilation or air conditioning systems under Section 6.01(a)(2) above, and use of excess electricity as provided in Section 6.01(b) above, Landlord may impose a reasonable charge upon Tenant for all other utilities and services used by Tenant or at the Premises which involve (1) any material use of the Premises at any time other than Standard Operating Hours, (2) any use beyond that which Landlord is required to furnish under Section 6.01(a) above, or (3) any special heating, ventilating or air conditioning needs created in certain areas of the Premises by special telephone equipment, computers or other similar equipment or uses by Tenant. At any time and from time to time during the Term of this Lease, Landlord may in its reasonable discretion install meters or other similar devices in the Premises or the Building for the purpose of measuring utilities other than electricity supplied to the Premises. If such meter or other device shows at any time that utilities have been supplied to the Premises for which Landlord may impose a charge as provided in this Section 6.01(c), then the cost of such meter or similar device and the cost of installation thereof shall be borne by Tenant and Tenant shall reimburse Landlord for such costs within ten (10) days of receipt of Landlord’s invoice thereof. The cost of such excess use and all related costs separately billed to Tenant pursuant to this Section 6.01(c) shall not be included as part of Operating Expenses. (d) Tenant agrees to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the use of such machinery exceeds the abovelimits established in Exhibit C thereby affecting the temperature otherwise maintained by the air-described utilities and services to be provided by Landlord. Any failure to pay any excess costs as described above shall constitute a breach of cooling system or whenever the obligation to pay Rent under this Lease and shall entitle Landlord to occupancy or electrical load exceeds the rights granted herein, at Law or standards set forth in equity as a result of such a breach. (e) Notwithstanding anything to the contrary aboveExhibit C, Landlord reserves the right from time to time install or to make reasonable modifications require Tenant to install supplementary air-conditioning units in the Premises. Tenant shall bear all costs and expenses related to the above standards installation, maintenance, repair and operation of such units. (2) Tenant shall pay Landlord at rates fixed by Landlord for utilities all tenants in the Building, charges for all water furnished to the Premises for purposes other than general office use, including the expenses of installation of a water line, meter and servicesfixtures.

Appears in 1 contract

Sources: Office Lease (Amber Road, Inc.)

LANDLORD’S GENERAL SERVICES. (a) So long as the Lease is in full force and effect, Landlord shall furnish the following servicesfollowing, the cost of which shall be included in Operating Expenses or paid directly by Tenant to the utility or service provider: (1i) Automatic elevator facilities during Standard Operating Hoursheat, including ventilation and air-conditioning (“HVAC”) in the Premises and the Common Areas; (ii) tempered and cold water for use in lavatories in common with other tenants from the regular supply of the freight elevators. At least one Building; (1iii) elevator customary utilities, landscaping and cleaning services in the Common Areas; and (iv) washing of the outside windows in the Premises weather permitting at least one (1) freight elevator shall operate during non-Standard Operating Hours, affording access to the Premisesintervals determined by Landlord. (2b) During Standard Operating Hours, heat, ventilation If Tenant uses heat generating machines or air conditioning of equipment in the Premises when to an extent which adversely affects the temperature otherwise maintained by the air-cooling system or whenever the occupancy or electrical load adversely affects the temperature otherwise maintained by the air-cooling system, Landlord reserves the right to install or to require Tenant to install supplementary air-conditioning units in the reasonable judgment Premises. Tenant shall bear all costs and expenses related to the installation, maintenance and operation of such units. Notwithstanding the foregoing or anything to the contrary in this Lease, Landlord it is required acknowledges that Tenant may require additional HVAC for the comfortable occupancy of server room in the Premises, subject to any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies. Upon request, Landlord shall make available at Tenant’s expense heat, ventilation or air conditioning for use at all other times, provided that cooperate reasonably with Tenant to provide such request is made at least one hour before the end of the Standard Operating Hours preceding such HVAC service and provided that the minimum use of such additional heat, ventilation or air conditioning and the cost thereof shall be determined by Landlord and paid by Tenant (including overhead allocations), as the same may change from time to time. The current rate for after-hours HVAC services is Forty Dollars ($40.00) per hour. (3) Electric current to the Premises in accordance with the terms and conditions of Section 6.01(b). (4) Water for drinking, cleaning and lavatory purposes only in the Common Areas of existing facilities located at the Building. (5c) Customary cleaning Landlord shall provide HVAC as reasonably required for Tenant’s permitted use for the comfortable occupancy and janitorial services operation of the Premises during normal business hours (i.e., 8:00 a.m. to 8:00 p.m. Monday through Friday). Landlord shall also furnish such water for use in the Premises five (5) days per week, excluding National Holidays. (6) Replacement, as necessary, of the fluorescent tubes in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non-Building standard lighting fixtures, if any, installed in the Premises. If Tenant shall fail to make any such replacement within five (5) days after written notice from Landlord, Landlord may, with prior notice to Tenant, make such replacement and charge the cost of labor and materials involved therein to Tenant, as additional Rent. (7) Day ▇▇▇▇▇▇ service in the Common Areas and building standard restrooms. (b) Electricity used by Tenant in the Premises shall, employee break room at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Operating Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed four (4) ▇▇▇▇▇ per square foot of the Premises, or 600 amps of 208 volts for each of Floor 17 and Floor 18 of the Premises. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as subfurnish trash pick-meters up and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord additional Rent for the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). (c) In addition to any after-hours recycling services consistent with general office use of the Building’s heating, ventilation or air conditioning systems under Section 6.01(a)(2) above, and use of excess electricity as provided in Section 6.01(b) above, Landlord may impose a reasonable charge upon Tenant for all other utilities and services used by Tenant or at the Premises which involve (1) any material use of the Premises at any time other than Standard Operating Hours, (2) any use beyond that which Landlord is required to furnish under Section 6.01(a) above, or (3) any special heating, ventilating or air conditioning needs created in certain areas of the Premises by special telephone equipment, computers or other similar equipment or uses by Tenant. At any time and from time to time during the Term of this Lease, Landlord may in its reasonable discretion install meters or other similar devices in the Premises or the Building for the purpose of measuring utilities other than electricity supplied to the Premises. If such meter or other device shows at any time that utilities have been supplied Landlord shall provide Tenant with access to the Premises for which Landlord may impose a charge as provided in this Section 6.01(c)twenty-four hours per day, then the cost of such meter or similar device and the cost of installation thereof shall be borne by Tenant and Tenant shall reimburse Landlord for such costs within ten (10) seven days of receipt of Landlord’s invoice thereof. The cost of such excess use and all related costs separately billed to Tenant pursuant to this Section 6.01(c) shall not be included as part of Operating Expensesper week. (d) Tenant agrees to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the use of the above-described utilities and services to be provided by Landlord. Any failure to pay any excess costs as described above shall constitute a breach of the obligation to pay Rent under this Lease and shall entitle Landlord to the rights granted herein, at Law or in equity as a result of such a breach. (e) Notwithstanding anything to the contrary above, Landlord reserves the right from time to time to make reasonable modifications to the above standards for utilities and services.

Appears in 1 contract

Sources: Lease Agreement (Transcept Pharmaceuticals Inc)

LANDLORD’S GENERAL SERVICES. (a) So long as the Lease is in full force and effect, Landlord shall furnish or cause to be furnished to the following servicesPremises the utilities and services described below, subject to the conditions and in accordance with the standards set forth below: (1) Automatic Landlord shall provide automatic elevator facilities during Standard Operating Hours24 hours per day, including use of the freight elevators. At least one seven (17) elevator and at least one (1) freight elevator shall operate during non-Standard Operating Hours, affording access to the Premisesdays per week. (2) During Landlord shall ventilate the Premises during Standard Operating Hours, heat, ventilation Hours and shall furnish heat or air conditioning of the Premises when in the reasonable judgment of Landlord it is required for the comfortable occupancy of the PremisesPremises during Standard Operating Hours, subject to any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies. Upon request, Landlord shall make available at Tenant’s expense heat, ventilation heat or air conditioning for use at all other times, provided that such request is made at least one hour before the end of the Standard Operating Hours preceding such service and provided further that the minimum use of such additional heat, ventilation heat or air conditioning and the cost thereof shall be determined by Landlord and paid by confirmed in writing to Tenant (including overhead allocations), as the same may change from time to time. The current rate for after-hours HVAC services is Forty Dollars ($40.00) per hour. (3) Electric Landlord shall furnish electric current to the Premises at all times. Tenant’s use of electric current shall at no time exceed the capacity of the feeders to the Building or the risers or wiring installation therein. Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in accordance with the terms and conditions Premises other than personal computers without the prior written consent of Section 6.01(b)Landlord. (4) Water Landlord shall furnish water for drinking, cleaning and lavatory purposes only in the Common Areas of the Building. (5) Customary cleaning Provided that the Premises are used exclusively as offices and are kept reasonably in order by Tenant, Landlord shall provide janitorial services to the Premises as specified on Exhibit C hereto, if any, as that Exhibit shall be modified by Landlord from time to time in its reasonable discretion; however, in no event materially less than such services then being provided in comparable office buildings in the Costa Mesa market. If the Premises five are not used exclusively as offices (5provided Section 1.01(18) days per weekpermits such use), excluding National HolidaysTenant or persons approved by Landlord shall keep the Premises clean and in order to the satisfaction of Landlord, but at Tenant’s sole expense. No persons other than Tenant and those persons approved by Landlord shall be permitted to enter the Premises for the purpose of keeping the Premises clean and in order. Tenant shall pay to Landlord the cost of removal of any of Tenant’s refuse and rubbish, to the extent that such refuse and rubbish removed by Landlord exceeds the refuse and rubbish usually attendant upon the use of premises as offices. (6) ReplacementLandlord shall replace, as necessary, of the fluorescent tubes light bulbs in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non-Building standard lighting fixtures, if any, installed in the Premises. If Tenant shall fail to make any such replacement within five (5) days after written notice from Landlord, Landlord may, with prior notice to Tenant, may make such replacement and charge the cost of labor and materials involved therein to Tenant, as additional Rent. (7) Day ▇▇▇▇▇▇ service in the Common Areas and building standard restroomsrent. (b) Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Operating Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed four (4) ▇▇▇▇▇ per square foot of the Premises, or 600 amps of 208 volts for each of Floor 17 and Floor 18 of the Premises. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as sub-meters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord additional Rent for the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). (c) In addition to any after-hours use of the Building’s heating, ventilation or air conditioning systems under Section 6.01(a)(2) above, and use of excess electricity as provided in Section 6.01(b) above, Landlord may impose a reasonable charge upon Tenant for all other utilities and services used by Tenant or at the Premises which involve involves (1) any material substantial recurrent use of the Premises at any time other than Standard Operating Hours, (2) any use beyond that which Landlord is required to furnish under Section 6.01(a) above, or (3) any special heating, cooling or ventilating or air conditioning needs created in certain areas of the Premises by special telephone equipment, computers or other similar equipment or uses by Tenant, or (4) any use of electrical service in the Premises (including, without limitation, all lighting) in excess of seven (7) ▇▇▇▇▇ per square foot of Usable Area of the Premises per hour during Standard Operating Hours. At any time and from time to time during the Term term of this Lease, Landlord may in its reasonable sole discretion install meters or other similar devices in the Premises or the Building for the purpose of measuring the electricity or other utilities other than electricity supplied to the Premises. If such meter or other device shows at any time that utilities have been supplied to the Premises for which Landlord may impose a charge as provided in this Section 6.01(c6.01(b), then the cost of such meter or similar device and the cost of installation thereof shall be borne by Tenant and Tenant shall reimburse Landlord for such costs within ten (10) days of receipt of Landlord’s invoice thereof. The cost of such excess use and all related costs separately billed to Tenant pursuant to this Section 6.01(c) shall not be included as part of Operating Expenses. (dc) Tenant agrees to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the use of the above-described utilities and services to be provided by Landlord. Any failure to pay any excess costs as described above shall constitute a breach of the obligation to pay Rent under this Lease and shall entitle Landlord to the rights granted herein, at Law law or in equity as a result of such a breach. (ed) Notwithstanding anything to the contrary above, Landlord reserves the right from time to time to make reasonable modifications to the above standards for utilities and services.

Appears in 1 contract

Sources: Office Lease (National Mercantile Bancorp)