LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays. (b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. (c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services. (d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 2 contracts
Samples: Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, passenger and freight, by elevators serving the floor on which the Demised Premises are situated during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times.
18.02 Landlord, at its expense, shall cause the Demised Premises to be cleaned in accordance with the cleaning specifications annexed hereto as Exhibit F. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings extra cleaning work in the vicinity Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation serving or consumption of food or beverages, data processing or reproducing operations; private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (1iii) heat unusual quantity of interior glass surfaces, (iv) non-Building standard materials or finishes installed by Tenant or at its request, and air conditioning (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. To the extent required by laws and/or requirements of public authorities, Tenant shall separate its refuse and rubbish in such manner to enable Landlord, its cleaning contractor and its employees to comply with any law and/or requirement of public authority mandating the recycling of refuse and rubbish from the Building. Landlord, its cleaning contractor and their employees shall have after hours access to the Demised Premises and the free use of light, power, and water in the Demised Premises as reasonably required for the comfortable occupation purpose of cleaning the Demised Premises during business hours; (2) access in accordance with Landlord obligations hereunder.
18.03 Landlord, at its expense, shall furnish adequate hot and elevator service; (3) lighting replacement during business hours (cold water to the floor on which the Demised Premises are located for Building standard lightsdrinking, but not lavatory and cleaning purposes. If Tenant uses water for any special Tenant lightsother purpose Landlord, which will be replaced at Tenant’s sole cost expense, shall install meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and expense), the cost of which shallhot water shown on such meters, at Landlord’s optioncost thereof, either on the rendition of Landlord’s bills therefor.
18.04 Landlord, at its expense, and on Tenant’s request, shall maintain the original listings on the Building directory of the names of Tenant, and the names of any of their officers and employees, provided that the names so listed shall not take up more than one (1) line on the Building directory. In the event Tenant shall require additional or substitute listings on the Building directory, Landlord shall, to the extent space for such additional or substitute listing is available, maintain such listings and Tenant shall pay to Landlord an amount equal to Landlord’s reasonable charge for such listings.
18.05 Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this lease, to stop service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or the rendition of any of the other services required of Landlord under this lease, whenever and for so long as may be included necessary, by reason of accidents, emergencies, strikes or the making of repairs or changes which Landlord is required by this lease or by law to make or in Operating Expenses good fxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord’s reasonable control.
18.06 Tenant shall have the right to use parking spot numbers 600, 601 and 602 located on p-4 parking deck as assigned by Landlord. Parking spaces are only permitted to be used during business hours and for all tenants parking by Tenant, its employees and guests on a daily basis. Overnight parking is not permitted without Landlord’s approval. Landlord reserves the right to assign different spaces to Tenant or to designate different parking areas for Tenant’s use without any liability to Tenant and Tenant agrees that any change in assignment of spaces or reassignment of parking areas shall not give rise to any claims or offset against Landlord hereunder.
(a) Tenant shall require its personnel to park their vehicles only in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined parking spaces designated by Landlord; . Tenant, its personnel and (6) cleaning service 5 days per week. Landlord may, but will visitors shall not be obligated to provide, at any such services (except access and elevator service) on holidaystime park any trucks or delivery vehicles in any of the parking areas.
(b) If the Premises are separately metered for electricityAll parking spaces, roadways and driveways used by Tenant, its personnel and visitors will be at their own risk, and Landlord shall not be liable for any injury to person or property, or for loss or damage to any vehicle or its contents, resulting from theft, collision, vandalism or any other cause whatsoever. Landlord shall have no obligation whatsoever to provide electricity a guard or any other personnel or device to patrol, monitor, guard or secure any parking areas. If Landlord does so provide, it shall be solely for lightingLandlord’s convenience and Landlord shall in no way whatsoever be liable for any acts or omissions of personnel or device in failing to prevent any such theft, receptacles vandalism, or loss or damage by other cause.
(c) No storage or overnight parking of vehicles shall be permitted unless previously approved by Landlord in writing, and outlets except in those areas, if any, designated by Landlord.
(d) Landlord reserves the right from time to time to: (i) change the area, location and arrangement of parking areas, and parking spaces; (ii) restrict parking by tenants, their officers, agents, employees, customers and invitees to designated areas; (iii) discontinue, restrict or incidental uses temporarily suspend use of all, or any portion of, the parking areas for such period of time as may be necessary in Landlord’s sole discretion, to perform maintenance or repairs; (iv) limit the Premisesparking of vans, limousines and other large vehicles to specified areas; (v) exclude any and all vehicles other than as permitted in Section 18.07(c); and Tenant, at its sole cost (vi) institute control mechanisms and expense, systems in order to regulate the use of the common parking area.
18.08 Tenant agrees that Landlord shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it not be liable or responsible in any way to Tenant and for any loss, damage, expense or loss or reduction of services that Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required may sustain or incur as caused by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceedor arising out of, either in voltagedirectly or indirectly, rated capacityany acts or omissions of a third party provider, including a provider supplying any services to Tenant or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurredDemised Premises, including but not limited to local and long distance telephone services, high speed internet services, DSL, data, audio, visual, imaging, video streaming, electronic transfer or facsimile. Tenant acknowledges and agrees that Tenant shall not seek to recover damages or commence an action against Landlord for any problems in connection with the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters services to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished provided by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for any such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leaseprovider.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 2 contracts
Samples: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.1 Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2Section 5.4, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times.
17.2 Landlord, subject to the provisions of Section 5.4, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord will also provide facilities to provide electrical current on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas; (iii) unusual quantity of interior glass sauces; (iv) non-building standard materials or finishes installed by Tenant or at its request; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and occupancy water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord's obligations hereunder.
17.3 Landlord, subject to the provisions of Section 5.4, shall furnish adequate hot and cold water to each floor of the PremisesBuilding for drinking, lavatory, and the charges cleaning purposes, together with soap, towels, and toilet tissue for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square footeach lavatory. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standarduses water for any other purpose, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed Landlord, at Tenant’s 's expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause shall install meters to be installed (at Landlord’s expense) if Landlord reasonably determines that measure Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.'s consumption of
Appears in 2 contracts
Samples: Lease Agreement (Paradyne Corp), Lease Agreement (Globespan Semiconductor Inc)
LANDLORD'S OTHER SERVICES. (a) 9.01 Landlord shall furnish provide public elevator service to the floor(s) on which the Demised Premises with those services customarily provided in comparable office buildings in the vicinity of the Projectare situated during Regular Business Hours, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and shall have at least one elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced subject to call at Tenant’s sole cost and expenseall other times. The elevator(s), the cost or any or all of which shallthem, at Landlord’s optionif more than one, either may be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequencyoperated by automatic control and/or by manual control, as determined by Landlord; and (6) cleaning service 5 days per weekLandlord shall determine at any time or from time to time. Landlord may, but will shall not be obligated to providefurnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require after hours service of elevator(s) or of the loading area in the Building under such circumstances as, any in Landlord's reasonable judgment will require service or attention by Landlord's personnel, Tenant shall pay Landlord, or demand, a reasonable charge attributable to such services (except access and elevator service) on holidaysservice or attention.
(b) If the Premises are separately metered for electricity, 9.02 Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses be required to clean the Demised Premises provided that Tenant shall keep the Demised Premises in the Premises; and Tenantgood order.
9.03 Landlord, at its sole cost and expense, shall make all necessary arrangements furnish adequate hot and cold water at ordinary lavatory temperature to each floor of the Building for drinking, lavatory, and cleaning purposes, together with soap, towels and toilet tissue for each lavatory. If Tenant uses water for any other purpose Landlord, at Tenant's expense, may install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the utility company for metering and shall pay for electric current furnished by it to Tenant and case may be. Tenant shall pay for all charges for electric current consumed the quantities of cold water and hot water shown on such bills therefor. In connection with permitted kitchen use, the amount of hot water demand shall not exceed the excess Building design capacity.
9.04 Landlord, at its own expense, and at Tenant's request, shall insert initial listings on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy Building Directory of the Premisesnames of Tenant, and any affiliate, and the charges for such electricity will names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building Directory. All Building Directory changes made at Tenant's request after the Tenant's initial listings have been placed on the Building Directory shall be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed made by Landlord to be Building Standardat the expense of Tenant, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will agrees to promptly pay all costs and expenses thereby incurred, including but not limited to Landlord as additional rent the cost of electricitysuch changes within ten (10) days after Landlord has submitted an invoice therefor.
9.05 With respect to parking of vehicles (if parking is provided under Article 1 hereof):
A. Landlord represents that throughout the Term there will be a paved, illuminated parking area for the Building with the number of Parking Spaces specified in Article 1. In additionIf Landlord so elects, if the Premises are not separately metered Tenant shall require its personnel and visitors to park their vehicles only in Parking spaces designated by Landlord for electricityTenant's use for its personnel and visitors on a "first come, first served" basis. Landlord reserves the right at all times to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that redesignate such Parking spaces. Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, its personnel and will have the right visitors shall not at any time and from time to time during park any trucks or delivery vehicles in any of the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, parking areas.
B. All Parking Spaces and any other machinery within the Premises. If the Premises are not separately metered for electricityparking areas used by Tenant, then Tenant its personnel and visitors will obtain all of its electricity for the Premises from be at their own risk, and Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will shall not be liable or responsible for any loss, damageinjury to person or property, or expense for loss or damage to any automobile or its contents, resulting from theft, collision, vandalism or any other cause whatsoever.
C. Tenant shall agree to all requests by Landlord that Tenant sustains and its employees and visitors remove their vehicles from the Parking Spaces to another parking area provided by Landlord at reasonable periods for purposes of cleaning and maintenance of such spaces or incurs as required for purposes of snow removal, provided that Landlord will perform such cleaning, maintenance and snow removal and make such Parking Spaces available to Tenant and its employees and visitors as promptly as possible.
9.06 Landlord shall keep and maintain the public areas and the public facilities of the Building and the grounds clean and in good order, and the sidewalks and parking areas adjoining the Building shall be kept free of accumulation of snow and ice (except any overnight parking area) or unlawful obstruction.
9.07 Landlord reserves the right, without any liability to Tenant; except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to stop, interrupt or suspend service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or the rendition of any other services required of Landlord under this Lease, whenever and for so long as may be necessary, by reason of any changeaccidents, failureemergencies, interference, disruptionthe making of repairs or changes which Landlord is required by this Lease or by law to make or in good xxxxx xxxxx advisable, or defect in by reason of unavoidable delays. In each instance Landlord shall exercise reasonable diligence to eliminate the supply or character cause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, when practicable, of the electric energy furnished commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the PremisesDemised Premises for such purpose, the provision of Section 14.03 shall apply. Tenant shall not be entitled to any diminution or if the supply abatement of rent or character other compensation nor shall this Lease or any of the electrical energy supplied obligations of Tenant be affected or reduced by reason of the Electric Service Provider interruption, stoppage or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspension of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicescauses set forth in this Section.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Office Lease Agreement (Star Telecommunications Inc)
LANDLORD'S OTHER SERVICES. A. Landlord, at its expense, shall provide public elevator service, passenger and freight, by elevators serving the floors on which the demised premises are situated during regular hours of business days with respect to the passenger elevators, and during the hours (athe "FREIGHT ELEVATOR HOURS") Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation 8:00 am and 4:00 p.m. (excluding a one (1) heat hour lunch break) on business days with respect to the freight elevator, and air conditioning reasonably required for shall have at least one passenger elevator subject to call at all other times. Tenant acknowledges that Tenant's use of such freight elevator is non-exclusive and subject to scheduling by Landlord. Tenant shall pay the comfortable occupation charges incurred in connection with use of the Premises during business hours; freight elevator as additional rent within thirty (230) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lightsdays after demand therefor, which will charges shall be replaced billed at Tenant’s sole Landlord's actual cost and expense)therefor. If Tenant can demonstrate to Landlord's reasonable satisfaction (including, without limitation, with credible evidence of unreasonably excessive waiting time) a need for an additional after hours passenger elevator car, Landlord shall make available one (1) additional passenger elevator in an elevator bank serving the cost of which demised premises.
B. Landlord shall, at Landlord’s optionTenant's expense and on Tenant's request, either be included in Operating Expenses for all tenants in initially list and thereafter maintain on the Building directory the names of Tenant and any of its officers and employees, provided that the names so listed shall not take up more than Tenant's Operational Proportionate Share thereon. In the event that Tenant shall require additional or separately billed substitute listings on the Building directory, Landlord shall, to each tenant in the Building; (4) restroom supplies; (5) window washing with extent space for such additional or substitute listings is available, maintain such listings, and Tenant shall pay to Landlord an amount equal to Landlord's reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any charge for such services (except access and elevator service) on holidayslistings.
(b) If C. As long as Tenant is not in default under any of the Premises are separately metered for electricitycovenants under the lease, Landlord shall not provide electricity water for lightingordinary lavatory purposes only, receptacles and outlets but if Tenant uses or incidental uses consumes water for any other purposes or in unusual quantities (of which fact Landlord shall be the Premises; and sole judge), Landlord may install a water meter at Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it 's expense to Tenant register such water consumption and Tenant shall pay for all charges for electric current water consumed as shown on the Premises during Tenant’s occupancy thereof. If the Premises said meter as Additional Rental as and when bills are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, rendered.
D. Landlord reserves the right right, without any liability to cause meters Tenant (except as otherwise expressly provided in this lease), to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop operating any of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hoursheating, ventilating, air conditioning, electric, sanitary, elevator, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in other building systems serving the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Buildingdemised premises, and will have to stop the right at rendition of any time of the other services required of Landlord under this lease, whenever and from time for so long as may be necessary by reason of accidents, emergencies, strikes, or the making of repairs or changes that Landlord is required by this lease or by law to time during the Lease Term to either contract for service from a different company make or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably in good xxxxx xxxxx necessary, will allow Landlordby reason of difficulty in securing proper supplies of fuel, Electric Service Providersteam, and any Alternate Service Provider reasonable access to the Building’s electric lineswater, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagelabor, or expense that Tenant sustains supplies, or incurs by reason of any changeother cause beyond Landlord's reasonable control. Landlord shall have no responsibility or liability for interruption, failurecurtailment or failure to supply HVAC, interferencecondenser water, disruptionsteam water, electricity, elevator, or defect in plumbing when same is due to a cause beyond the supply reasonable control of Landlord or character by any requirements of the electric energy furnished laws or due to the Premises, or if the supply or character exercise of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, Landlord's right to stop service as provided in this Section and no such change, failure, defect, unavailability, or unsuitability will same shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of fixed rent or additional rent, or relieve Tenant from any of its obligations under the Leasethis lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.
(c) Tenant will have E. Notwithstanding the right to purchase for use during business hours and non-business hours foregoing, Landlord acknowledges the services described in Article 13.2(a)(1) and (2) in excess nature of the amounts Tenant named herein's business and agrees that in the event a service interruption is reasonably anticipated by Landlord has agreed in connection with the performance of Landlord's repair and maintenance obligations under the lease (other than in connection with an emergency situation), it will endeavor to furnish so long as (1) notify Tenant gives Landlord reasonable no less than 3 business days prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and such interruption.
F. Subject to the Premises; Rules and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service Regulations now in effect or which may be from time to time charged adopted by Landlord; subject Landlord pursuant to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below)provisions of this lease, and 8:00 a.m. subject further to 2:00 p.m. on Saturdaysthe other provisions of this lease, except holidays. The during the term “holidays” means New Year’s Dayof this lease, Memorial DayTenant shall have access to the demised premises 24 hours per day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day365 days per year.
Appears in 1 contract
Samples: Office Lease (Thestreet Com)
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.01. Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2Section 5.04, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times.
17.02. Landlord, subject to the provisions of Section 5.04, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord will also provide facilities to provide electrical current on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas; (iii) unusual quantity of interior glass surfaces; (iv) non-building standard materials or finishes installed by Tenant or at its request; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and occupancy water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord's obligations hereunder.
17.03. Landlord, subject to the provisions of Section 5.04, shall furnish adequate hot and cold water to each floor of the PremisesBuilding for drinking, lavatory, and cleaning purposes, together with soap, towels, and toilet tissue for each lavatory. If Tenant uses water for any other purpose, Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and hot water shown on such meters, at Landlord's cost thereof, on the rendition of Landlord's bills therefor.
17.04. Landlord, at its expense, and at Tenant's request, shall insert initial listings on the Building directory of the names of Tenant, and the charges names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building directory. All Building directory changes made at Tenant's request after the Tenant's initial listings have been placed on the Building directory shall be made by Landlord at the expense of Tenant, and Tenant agrees to promptly pay to Landlord as additional rent the cost of such changes within ten (10) days after Landlord has submitted an invoice therefor.
17.05. Landlord reserves the right, without any liability to Tenant, to stop service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator, or other Building systems serving the Demised Premises, or the rendition of any of the other services required of Landlord under this Lease, whenever and for so long as may be necessary, by reason of accidents, emergencies, strikes, or the making of repairs or changes which Landlord is required by this Lease or by law to make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord's reasonable control. Notwithstanding the foregoing, if there is an interruption of Landlord's services and such electricity will be included condition shall continue for any reason in Operating Expenses. Tenant’s excess of 10 consecutive days and such interruption results in the denial to Tenant of access to the Demised Premises or otherwise renders impossible or impracticable the intended use of electrical a significant portion of the Demised Premises, Tenant shall be entitled, upon 5 days written notice to Landlord, to an abatement of rent for the period of such interruption, and if such interruption continues for a period in excess of 45 days, Tenant may terminate this Lease by giving 5 days written notice to Landlord and the holder of any superior lease or superior mortgage at any time before such services must not exceedare restored or repairs are made or relevant law is complied with.
17.06. Landlord shall make available for Tenant's use in common with other tenants of the Building the parking area adjacent to the Building. Landlord states that the parking for the Twin Towers, either in voltagewhich includes the Building, rated capacity, or overall load or usage, that which Landlord deems to be Building Standardis predicated upon 4 spaces per 1,000 square feet of rentable space.
17.07. The Building Standard overall load is deemed and the Demised Premises shall be cleaned in accordance with the Cleaning and Maintenance Schedule set forth on Exhibit D annexed hereto and made a part hereof.
17.08. Tenant acknowledges that as part of the consideration for this Lease, and in order not to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical interfere with the rights of other tenants or other tenants' quiet enjoyment of the common areas of the Building and otherwise prevent Landlord from performing its services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited without causing increases to the cost of electricity. In additionsuch services, if Tenant agrees that it shall not permit its employees to congregate in hallways or elevators, shall not permit its employees to create an unsightly condition in or about any passageway from the Premises are not separately metered for electricityBuilding or the common areas or to the parking lot/deck, Landlord reserves with regard to smoking, including the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use disposal of electrical services furnished by Landlord exceeds that which is customary cigarettes, in the courtyard and/or outer areas adjacent to the Building (due and will otherwise require its employees to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants act and conduct themselves in the Building. Landlord has selected common areas in such a utility company (“Electric Service Provider”) to provide electricity service for manner as will not disturb other tenants or the use and enjoyment by other tenants of the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, by elevators serving the floors on which, the Demised Premises are situated as specified and shown in the Building plans and specifications, during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times. The elevators, or any of them, may be operated by automatic control and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished.
18.02 Landlord, at its expense, Monday thru Friday, shall cause the Demised Premises, including the interior of the windows thereof, to be cleaned in accordance with the standards set forth in Exhibit "B" annexed hereto and hereby made a part hereof. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings cleaning work in the vicinity Demised Premises or the Building required because of (i) misuse or neglect on the part of the ProjectTenant or its employees or visitors, including without limitation (1ii) heat use of portions of the Demised Premises for preparation, serving, or consumption of food or beverages (except as permitted in Section 2.02(f), commercial reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-standard building materials or finishes installed by Tenant or at its request, (x) increases in frequency or scope in any of the items set forth in Exhibit "B" as shall have been requested by Tenant, and air conditioning (b) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated daily in the routine of ordinary business office occupancy, and (ii) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to the Demised Premises and the use of Tenant's light, power and water in the Demised Premises as may be reasonably required for the comfortable occupation purpose of cleaning the Demised Premises.
18.03 Landlord, at Tenants expense, shall furnish adequate hot and cold water for drinking, lavatory, toilet, and ordinary cleaning purposes to the plumbing fixtures of central facilities of the Premises during business hours; (2) access Building serving the Demised Premises.
18.04 Landlord shall keep and elevator service; (3) lighting replacement during business hours (for maintain the public areas only and the public facilities of the Building standard lightsclean and in good order and the sidewalks adjoining the Building shall be kept in good repair and free of accumulation of snow and ice or unlawful obstructions.
18.05 Landlord, but not for any special Tenant lightssubject to its prior written approval, which will approval shall not be replaced unreasonably withheld or delayed, at its expense, and on Tenant’s sole cost 's request, shall maintain listings on the Building directory of the names of Tenant its organizational divisions and expense)any other person or business entities lawfully occupying the Demised Premises or any part thereof, and the names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's Proportionate Share of the space on the Building directory, the cost size of which shall, at Landlord’s option, either shall be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will The listing of any name other than that of Tenant on the Building directory or on any of the doors of the Demised Premises shall not be obligated deemed to providevest in the person or entity so listed any right or interest in this Lease or in the Demised Premises or to constitute the consent of Landlord required under Article 10, or a waiver thereof. Notwithstanding anything to the contrary herein, initial listings on the Building directory shall be at Landlord's expense, and any such services (except access and elevator service) on holidayssubsequent changes and/or additions shall be at Tenant's expense.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, 18.06 Landlord reserves the right without any liability to cause meters Tenant except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop, interrupt or suspend service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by law to the Building’s electric linesmake or in good xxxxx xxxxx advisable, feedersor by reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any changeother cause beyond Landlord's reasonable control, failure, interference, disruption, including Governmental restrictions on the use of materials or defect in the supply or character use of any of the electric energy furnished Building systems. In each instance Landlord shall exercise reasonable diligence to eliminate the Premisescause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, or if the supply or character when practicable, of the electrical energy supplied by commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the Electric Service Provider Demised Premises for such purpose, the provisions of Section 14.03 shall apply. Tenant shall not be entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any Alternate Service Provider (of the obligations of Tenant be affected or reduced by reason of the electric utility company selected by Tenantinterruption, if the Premises are separately metered) is no longer available stoppage or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspense of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed causes set forth in this Section. The abatement provisions of Section 15.05 shall apply to furnish so long as (1) Tenant gives Landlord reasonable prior written notice such interruption or suspension of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (Synapse Group Inc)
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.01. Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2Section 5.04, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times.
17.02. Landlord, subject to the provisions of Section 5.04, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord will also provide facilities to provide electrical current on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas; (iii) unusual quantity of interior glass surfaces; (iv) non-building standard materials or finishes installed by Tenant or at its request; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and occupancy water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord's obligations hereunder.
17.03. Landlord, subject to the provisions of Section 5.04, shall furnish adequate hot and cold water to each floor of the PremisesBuilding for drinking, lavatory, and cleaning purposes, together with soap, towels, and toilet tissue for each lavatory. If Tenant uses water for any other purpose, Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and hot water shown on such meters, at Landlord's cost thereof, on the rendition of Landlord's bills therefor.
17.04. Landlord, at its expense, and at Tenant's request, shall insert initial listings on the Building directory of the names of Tenant, and the charges for names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building directory. All Building directory changes made at Tenant's request after the Tenant's initial listings have been placed on the Building directory shall be made by Landlord at the expense of Tenant, and Tenant agrees to promptly pay to Landlord as additional rent the cost of such electricity will be included in Operating Expenseschanges within ten (10) days after Landlord has submitted an invoice therefor.
17.05. Landlord reserves the right, without any liability to Tenant’s use , to stop service of electrical services must not exceedany of the heating, either in voltageventilating, rated capacityair conditioning, electric, sanitary, elevator, or overall load other Building systems serving the Demised Premises, or usagethe rendition of any of the other services required of Landlord under this Lease, that whenever and for so long as may be necessary, by reason of accidents, emergencies, strikes, or the making of repairs or changes which Landlord deems is required by this Lease or by law to be make or in good fxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor (other than Landlord's own employees) or supplies, or by reason of any other cause beyond Landlord's reasonable control.
17.06. Landlord shall make available for Tenant's use Tenant's Proportionate Share of parking spaces in common with other tenants of the Building Standardin the parking areas adjacent to the Building. The Landlord agrees that if, from and after the date hereof, it should grant to any other tenant of the Building, assigned or reserved parking spaces, then it shall also reserve to Tenant assigned or reserved parking spaces at the same ratio or pro-rata percentage as Landlord allowed to the other tenant and reasonably proportionate with regard to proximity.
17.07. The Building Standard overall load is deemed and the Demised Premises shall be cleaned in accordance with the Cleaning and Maintenance Schedule set forth on Exhibit D annexed hereto and made a part hereof.
17.08. Tenant acknowledges that as part of the consideration for this Lease, and in order not to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical interfere with the rights of other tenants or other tenants' quiet enjoyment of the common areas of the Building and otherwise prevent Landlord from performing its services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited without causing increases to the cost of electricity. In additionsuch services, if Tenant agrees that it shall not permit its employees to congregate in hallways or elevators, shall not permit its employees to create an unsightly condition in or about any passageway from the Premises are not separately metered for electricityBuilding or the common areas or to the parking lot/deck, Landlord reserves with regard to smoking, including the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use disposal of electrical services furnished by Landlord exceeds that which is customary cigarettes, in the courtyard and/or outer areas adjacent to the Building (due and will otherwise require its employees to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants act and conduct themselves in the common areas in such a manner as will not disturb other tenants or the use and enjoyment by other tenants of the Building.
17.09. Landlord has selected a utility company states that (“Electric Service Provider”i) to provide electricity service for the Buildingexisting windows are thermal pane windows, and will have (ii) the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises windows are not separately metered for electricity, then Tenant will obtain all free of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) leaks and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2iii) the excess services windows are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicesin good working condition.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease Agreement (Intelligroup Inc)
LANDLORD'S OTHER SERVICES. 9.01 Landlord shall provide public elevator service to the floor(s) on which the Demised Premises are situated during Regular Business Hours, and shall have at least one elevator subject to call at all other times. The elevator(s), or any or all of them, if more than one, may be operated by automatic control and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require after hours service of elevator(s) or of the loading area in the Building under such circumstances as, in Landlord's reasonable judgment, will require service or attention by Landlord's personnel, Tenant shall pay Landlord, on demand, a reasonable charge attributable to such service or attention.
9.02 Provided that Tenant shall keep the Demised Premises in good order, Landlord shall cause the Demised Premises, including the exterior and the interior of the windows thereof (subject to Tenant maintaining unrestricted access to such windows), to be cleaned in accordance with the standards set forth in Exhibit D annexed hereto and made a part hereof. Tenant will not clean, nor require, permit or allow any window in the premises to be cleaned from the outside. Tenant shall pay to Landlord within thirty (30) days of notice the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings cleaning work in the vicinity Demised Premises or the Building required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation serving, or consumption of food or beverages, reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office area, (1iii) heat interior glass surfaces, (iv) non-Building standard materials or finishes installed by Tenant or at its request, (v) increases in frequency or scope in any of the items set forth in Exhibit D as shall have been requested by Tenant, and air conditioning (b) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that properly accumulated daily in the routine or ordinary business office and (ii) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to the Demised Premises and the use of the Tenant's light, power and water in the Demised Premises as may be reasonably required for the comfortable occupation purpose of cleaning the Premises during business hours; Demised Premises. Extraordinary waste (2such as crates, cartons, boxes, etc. and used furniture or equipment) access and elevator service; (3) lighting replacement during business hours (for shall be removed from the Building standard lights, but not for any special by Tenant lights, which will be replaced at Tenant’s sole 's own cost and expense). At no time shall Tenant place any waste of any kind in any public areas. If Tenant does so, the cost parties agree that everything so placed shall be deemed abandoned and of which shallno value to Tenant and Landlord may have the same removed and disposed of at Tenant's expense. Such expenses shall be deemed additional rent payable by Tenant within thirty (30) days after being billed therefor together with reasonable back-up with respect to such expenses. This remedy is in addition to any other remedies Landlord may have under this lease.
9.03 Tenant reserves the right to obtain its own janitorial services from a third party for the Demised Premises upon written notice to Landlord ("Third Party Cleaning Service"). Landlord shall have the right to approve the party providing the Third Party Cleaning Service in its reasonable discretion. In the event that Tenant utilizes the Third Party Cleaning Service, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed janitorial service to each tenant in any portion of the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord mayexcept for common areas, but will shall not be obligated to provide, any such services (except access and elevator service) on holidaysexcluded from Expenses.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant9.04 Landlord, at its sole cost and expense, shall make all necessary arrangements furnish adequate hot and cold water at ordinary lavatory temperature to each floor of the Building for drinking, lavatory, and cleaning purposes, together with soap, towels and toilet tissue for each lavatory. If Tenant uses water for any other purpose Landlord, at Tenant's expense, may install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the utility company for metering and shall pay for electric current furnished by it to Tenant and case may be. Tenant shall pay for all charges for electric current consumed the quantities of cold water and hot water shown on such bills therefor. In connection with permitted kitchen use, the amount of hot water demand shall not exceed the excess Building design capacity.
9.05 Landlord, at its own expense, and at Tenant's request, shall insert initial listings on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy Building Directory of the Premisesnames of Tenant, and any affiliate, and the charges for such electricity will names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building Directory. All Building Directory changes made at Tenant's request after the Tenant's initial listings have been placed on the Building Directory shall be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed made by Landlord to be Building Standardat the expense of Tenant, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will agrees to promptly pay all costs and expenses thereby incurred, including but not limited to Landlord as additional rent the cost of electricitysuch changes within thirty (30) days after Landlord has submitted an invoice therefor.
9.06 With respect to parking of vehicles (if parking is provided under Article 1 hereof):
A. Landlord represents that throughout the Term there will be a paved, illuminated parking area for the Building with the number of Parking Spaces specified in Article 1. In additionIf Landlord so elects, if the Premises are not separately metered Tenant shall require its personnel and visitors to park their vehicles only in Parking Spaces designated by Landlord for electricityTenant's use for its personnel and visitors on a "first come, first served" basis. Landlord reserves the right at all times to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that redesignate such Parking spaces. Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, its personnel and will have the right visitors shall not at any time and from time to time during park any trucks or delivery vehicles in any of the Lease Term to either contract parking areas, except for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, loading dock area for deliveries.
B. All Parking Spaces and any other machinery within the Premises. If the Premises are not separately metered for electricityparking areas used by Tenant, then Tenant its personnel and visitors will obtain all of its electricity for the Premises from be at their own risk, and Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will shall not be liable or responsible for any loss, damageinjury to person or property, or expense for loss or damage to any automobile or its contents, resulting from theft, collision, vandalism or any other cause whatsoever.
C. Tenant shall agree to all requests by Landlord that Tenant sustains and its employees and visitors remove their vehicles from the Parking Spaces to another parking area provided by Landlord at reasonable periods for purposes of cleaning and maintenance of such spaces or incurs as required for purposes of snow removal, provided that Landlord will perform such cleaning, maintenance and snow removal and make such Parking Spaces available to Tenant and its employees and visitors as promptly as possible.
9.07 Landlord shall keep and maintain the public areas and the public facilities of the Building and the grounds clean and in good order, and the sidewalks and parking areas adjoining the Building shall be kept free of accumulation of snow and ice (except any overnight parking area) or unlawful obstruction.
9.08 Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to stop, interrupt or suspend service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or the rendition of any other services required of Landlord under this Lease, whenever and for so long as may be necessary, by reason of any changeaccidents, failureemergencies, interference, disruptionthe making of repairs or changes which Landlord is required by this Lease or by law to make or in good xxxxx xxxxx advisable, or defect in by reason of unavoidable delays. In each instance Landlord shall exercise reasonable diligence to eliminate the supply or character cause of stoppage and to effect restoration of service and shall give Tenant reasonable prior notice, when practicable, of the electric energy furnished commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the PremisesDemised Premises for such purpose, the provision of Section 14.03 shall apply. Tenant shall not be entitled to any diminution or if the supply abatement of rent or character other compensation nor shall this Lease or any of the electrical energy supplied obligations of Tenant be affected or reduced by reason of the Electric Service Provider interruption, stoppage or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspension of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicescauses set forth in this Section.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable the following services:
(a) Electricity at the rate of 3.5 watts per usable square foot for Buxxxxxg Standard lighting and low wattage office buildings in the vicinity of the Projectequipment including personal computers, including without limitation (1) heat laser printers and air conditioning reasonably copiers, and microwave ovens but excluding electrical power required for computer rooms, special lighting in excess of State of Oregon energy standards in effect on the comfortable occupation date hereof or any other item of the Premises during business hours; electrical equipment which (2individually) access and elevator service; (3) lighting replacement during business hours (consumes more than 1.8 kilowatts at rated capacity or which requires a voltage other than 120 volts single phase. If Tenant installs equipment requiring power in excess of that required for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, normal office use as determined by Landlord; and (6) cleaning service 5 days per week, Tenant shall pay to Landlord upon billing for the cost of such excess power as Additional Rent, together with the cost of installing any additional risers, submeters or other facilities that may be necessary to furnish such excess power to the Premises. Tenant shall notify Landlord mayin writing of any need for any excess power usage. If Tenant fails to deliver such notice to Landlord, but will not such excess power usage shall be obligated deemed to provide, any such services (except access and elevator service) have commenced on holidaysthe first day of occupancy of the Premises by Tenant.
(b) Heat, ventilation, and air conditioning (HVAC) to the extent reasonably required to provide a standard of comfort customary in other comparable buildings in the area ("Building Standard HVAC"), during reasonable and usual business hours of 7:00 a.m. to 6:00 p.m., exclusive of Saturdays, Sundays, and state and national holidays ("Building Standard Hours"), or such shorter period specified or prescribed by any applicable policies or regulations adopted by any utility or government agency. The Building Standard HVAC shall conform to the HVAC specifications contained in Exhibit E. If Tenant desires Building Standard HVAC before or after Building Standard Hours, Tenant shall request such service in advance, and Landlord shall provide such service, at the then current hourly rate charged to other tenants in the Building, Tenant shall pay such charges as Additional Rent within ten (10) days of receipt of invoice. Landlord's initial charge for after hours HVAC shall not exceed $30 per hour per floor. If Tenant's equipment or office machines require additional air conditioning capacity above that provided by Landlord as Building standard or during other than Building Standard Hours, such additional air conditioning installation and operating costs shall be paid by Tenant. Tenant shall not, without Landlord's prior written consent, use heat generating machines or equipment or lighting other than Building Standard lights and customary office equipment in the Premises are separately metered for electricitywhich affect the temperature otherwise maintained by the Building air conditioning system. If such consent is given, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in have the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it right to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of install supplementary air conditioning units servicing the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurredcost thereof, including but not limited to the cost of electricity. In additioninstallation and the cost of operation and maintenance thereof, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to shall be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected paid by Tenant and reasonably approved by Landlord. to Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leaseas Additional Rent.
(c) Tenant will have the right Full passenger elevator service to purchase all tenant floors during Building Standard Hours, and freight elevator service for use during business hours deliveries of large items to and non-business hours the services described in Article 13.2(a)(1) and (2) in excess from tenant floors. At other times, elevator service may be limited as required for reasons of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess maintenance, repair or security provided, however, that passenger service from time to time charged by Landlord; subject to at least one elevator shall be available at all times, except in the procedures established by Landlord from time to time for providing such additional or excess servicescase of emergencies.
(d) The term “business hours” means 8:00 a.m. Lighting replacement for Building standard fixtures.
(e) Janitorial service in accordance with Exhibit F five (5) days per week, excluding holidays; provided, however that if Tenant improvements are not consistent in quality and/or quantity with Building standard improvements and therefore require special cleaning or janitorial services, Tenant shall pay any cleaning and janitorial costs attributable to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Daysuch special services.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.01. Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2Section 5.04, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times.
17.02. Landlord, subject to the provisions of Section 5.04, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord will also provide facilities to provide electrical current on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas; (iii) unusual quantity of interior glass surfaces; (iv) non-building standard materials or finishes installed by Tenant or at its request; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and occupancy water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord's obligations hereunder.
17.03. Landlord, subject to the provisions of Section 5.04, shall furnish adequate hot and cold water to each floor of the PremisesBuilding for drinking, lavatory, and cleaning purposes, together with soap, towels, and toilet tissue for each lavatory. If Tenant uses water for any other purpose, Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and hot water shown on such meters, at Landlord's cost thereof, on the rendition of Landlord's bills therefor.
17.04. Landlord, at its expense, and at Tenant's request, shall insert initial listings on the Building directory of the names of Tenant, and the charges for names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building directory. All Building directory changes made at Tenant's request after the Tenant's initial listings have been placed on the Building directory shall be made by Landlord at the expense of Tenant, and Tenant agrees to promptly pay to Landlord as additional rent the cost of such electricity will be included in Operating Expenseschanges within ten (10) days after Landlord has submitted an invoice therefor.
17.05. Landlord reserves the right, without any liability to Tenant’s use , to stop service of electrical services must not exceedany of the heating, either in voltageventilating, rated capacityair conditioning, electric, sanitary, elevator, or overall load other Building systems serving the Demised Premises, or usagethe rendition of any of the other services required of Landlord under this Lease, that whenever and for so long as may be necessary, by reason of accidents, emergencies, strikes, or the making of repairs or changes which Landlord deems is required by this Lease or by law to be make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord's reasonable control.
17.06. Landlord shall make available for Tenant's use Tenant's Proportionate Share of parking spaces in common with other tenants of the Building Standardin the parking area adjacent to the Building.
17.07. The Building Standard overall load is deemed and the Demised Premises shall be cleaned in accordance with the Cleaning and Maintenance Schedule set forth on Exhibit D annexed hereto and made a part hereof.
17.08. Tenant acknowledges that as part of the consideration for this Lease, and in order not to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical interfere with the rights of other tenants or other tenants' quiet enjoyment of the common areas of the Building and otherwise prevent Landlord from performing its services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited without causing increases to the cost of electricity. In additionsuch services, if Tenant agrees that it shall not permit its employees to congregate in hallways or elevators, shall not permit its employees to create an unsightly condition in or about any passageway from the Premises are not separately metered for electricityBuilding or the common areas or to the parking lot/deck, Landlord reserves with regard to smoking, including the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use disposal of electrical services furnished by Landlord exceeds that which is customary cigarettes, in the courtyard and/or outer areas adjacent to the Building (due and will otherwise require its employees to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants act and conduct themselves in the Building. Landlord has selected common areas in such a utility company (“Electric Service Provider”) to provide electricity service for manner as will not disturb other tenants or the use and enjoyment by other tenants of the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, passenger and freight, by elevators serving the floor on which the Demised Premises are situated during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times.
18.02 Landlord, at its expense, shall cause the Demised Premises (except "security areas" (as defined in Section 19.03) unless access thereto is made available to the cleaning contractor) to be cleaned in accordance with the cleaning specifications annexed hereto as Exhibit F. Tenant shall pay to Landlord on demand the costs actually incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-Building standard materials or finishes installed by Tenant or at its request requiring greater or more difficult cleaning than the Building standard, and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have after hours access to the Demised Premises except for the security areas and the free use of light, power and water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord obligations hereunder.
18.03 Landlord, at its expense, shall furnish hot and cold water to the floor(s) on which the Demised Premises are located through the existing wet-columns, adequate for drinking, lavatory, pantry and cleaning purposes. If Tenant uses water for any other purpose Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes, as the case may be. Tenant shall pay for the quantities of cold water and hot water shown on such meters in excess of the amounts typically used for drinking, lavatory, pantry and cleaning purposes by office tenants leasing comparably sized space in the Building, at Landlord's cost thereof, on the rendition of Landlord's bills therefor.
18.04 Landlord, at its expense, and on Tenant's request, shall maintain the listings on the Building directory of the names of Tenant and any permitted subtenant, and the names of any of their respective officers and employees, provided that the names so listed shall not take up more than Tenant's Proportionate Share of the number of lines on the Building directory (but in no event less than six (6) listings). In the event Tenant shall require additional or substitute listings on the Building directory, Landlord shall, to the extent space for such additional listing is available, maintain such listings and Tenant shall pay to Landlord an amount equal to Landlord's out-of-pocket costs for such additional or substitute listings.
(a) Landlord shall furnish reserves the Premises with those services customarily right, without any liability to Tenant, except as otherwise expressly provided in comparable office buildings in the vicinity this lease, to stop service of any of the Projectheating, including without limitation (1) heat and ventilating, air conditioning reasonably required for conditioning, electric, sanitary, elevator or other Building systems serving the comfortable occupation Demised Premises, or the rendition of any of the Premises during business hours; (2) access other services required of Landlord under this lease, whenever and elevator service; (3) lighting replacement during business hours (for Building standard lightsso long as may be necessary, but not for by reason of accidents, emergencies, strikes or the making of repairs or changes which Landlord is required by this lease or by law to make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at other cause beyond Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with 's reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per weekcontrol. Landlord may, but will not be obligated shall endeavor to provide, any minimize inconvenience to Tenant in connection with such services (except access and elevator service) on holidaysstoppages.
(b) If Notwithstanding anything to the contrary contained in this lease, if, as a result of (i) Landlord's failure to provide any service under this lease which is required to be provided by Landlord, or (ii) Landlord's failure to make or complete repairs to the Demised Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and/or the Building which it is required to make and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject complete pursuant to the provisions of this Article 13.2lease or, (iii) in connection with making any such repair, Landlord will also provide facilities to provide electrical current required by Tenant in its materially interferes with Tenant's use and occupancy of the Demised Premises, and in each case resulting from causes other than the charges for such electricity will be included in Operating Expenses. act, omission or negligence of Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load its agents, employees, contractors or usageinvitees, that which Landlord deems or, with respect to be Building Standard. The Building Standard overall load items (i) and (ii) above, of any public utility company serving the Building, Tenant is deemed unable to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services use all or any portion of the Demised Premises in the normal course of its business and does not use all or such portion of the Demised Premises for a period in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects fifteen (including the requirement that submeters be installed at Tenant’s expense15) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs consecutive business days by reason of any change, such failure, interferencethen, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied extent Tenant is not reimbursed by the Electric Service Provider or proceeds of any Alternate Service Provider (or by the electric utility company selected business interruption insurance carried by Tenant, if Tenant shall be entitled to an abatement of fixed rent from and after the sixteenth (16th) business day through the day when such service is restored or repairs are completed based upon the ratio that the rentable square foot area of the Demised Premises not used by Tenant bears to the rentable square foot area of the Demised Premises. The foregoing provisions shall not apply in the event the Demised Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, damaged in whole or part as a result of fire or other casualty, which is dealt with in part, or entitle Tenant to any abatement or diminution other provisions of rent, or relieve Tenant from any of its obligations under the Leasethis lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. (a) Landlord shall will furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) electricity for lighting and the operation of office machines (such as desktop computers, desktop calculators, and typewriters), although Landlord will not be obligated to furnish more power to the Premises than is proportionally allocated to the Premises under the Building design; (2) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (23) access and elevator service; (34) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom suppliescommon areas; (5) exterior window washing with reasonable frequency, as determined by Landlord; and (6) cleaning installation of locks and duplication of keys for entry door(s) to the Premises, such service 5 days per weekto be performed exclusively by Landlord at Tenant’s cost and expense. Landlord maymay provide, but will not be obligated to provide, any such services (except access and elevator service) on holidaysholidays or weekends. If Tenant requires heat and air conditioning reasonably required for the comfortable occupation of the Premises at times other than during business hours, Tenant shall give Landlord reasonable advance notice of the need for such service and Landlord shall make a good faith effort to provide same at an additional charge to Tenant to be based on the number of hours of such additional service usage and Landlord’s standard overtime HVAC charge in effect from time to time for the Building. In the event that there shall be an increase or decrease in the rate schedule of the public utility for the supply of electric energy to the Building or the imposition of any tax with respect to such electric energy or increase in such tax following the Commencement Date, the Additional Rent payable hereunder pursuant to Section 1.1(q) shall be equitably adjusted to reflect the resulting increase, decrease, or tax. Tenant shall be responsible for replacing all light bulbs, fluorescent lamps, non-building standard lamps and bulbs, and all ballasts used by Tenant in the Premises.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1clauses (a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Monthly Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (BioPlus Acquisition Corp.)
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shallA. Landlord, at Landlord’s optionits expense, either be included in Operating Expenses for shall provide public elevator service by elevators serving the floor on which the demised premises are situated during regular hours of business days, and shall have at least one passenger elevator operating at all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidaysother times.
(b) If B. Notwithstanding anything in this lease to the Premises are separately metered for electricitycontrary, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and TenantTenant shall, at its sole cost and expense, cause the Demised Premises to be cleaned in a manner reasonably satisfactory to Landlord, utilizing a cleaning contractor approved by Landlord, which approval shall make not be unreasonably withheld or delayed. Tenant shall, at its sole cost and expense, store, receive and transport all necessary arrangements refuse and rubbish from the Demised Premises in compliance with the utility company for metering all present and future laws, orders, rules and regulations of any governmental or quasi-governmental authority having jurisdiction thereof and shall pay deposit such refuse and rubbish on a daily basis in a location in the Building designated by Landlord.
C. Landlord, at its expense, and on Tenant's request, shall maintain the original listings on the Building directory of the names of Tenant, Xxxxxx's subsidiaries and the names of any of their officers and employees, provided that the names so listed shall not take up more than six (6) lines on the Building directory. In the event Tenant shall require additional or substitute listings on the Building directory, Landlord shall, to the extent space for electric current furnished by it to Tenant such additional or substitute listing is available, maintain such listings and Tenant shall pay to Landlord an amount equal to Landlord's reasonable charge for all charges such listings.
D. Landlord reserves the right, without any liability to Tenant (except as otherwise expressly provided in this lease), to stop operating any of the heating, ventilating, air conditioning, electric, sanitary, elevator, or other building systems serving the demised premises, and to stop the rendition of any of the other services required of Landlord under this lease, whenever and for electric current consumed on so long as may be necessary by reason of accidents, emergencies, strikes, or the making of repairs or changes that Landlord is required by this lease or by law to make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor, or supplies, or by reason of any other cause beyond Landlord's reasonable control.
E. Landlord shall furnish hot and cold water to the Demised Premises during Tenant’s occupancy thereofthrough the presently existing facilities. If I:\DATA\WPDOCS\15255_00.015\RES_LEAL\97021622 1525500015 BES:PAL FIRST WILLOW, LLC OFFICE LEASE MANCHESTER 040297 052197 060497 061697
F. Except as provided in Articles 47 and 48, Landlord shall have no responsibility or obligation for the Premises are not separately meteredrendition of any services or utilities to Tenant or to the Demised Premises.
X. Xxxxxxxx agrees that the Building will be maintained in its present condition, then, subject normal wear and tear excepted. Landlord further agrees that it shall continue to provide the services it is responsible to provide to Tenant pursuant to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (lease at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicessame level as presently provided.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable the following services:
(a) Electricity sufficient to provide power for “normal office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning use” as reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (determined by Landlord which is defined as electrical power sufficient for Building standard lightslighting and low wattage office equipment, but not and excluding electrical power required for electronic data processing equipment, computer rooms, special lighting in excess of Building standard lighting, or any special other item of electrical equipment which (individually) consumes more than 1.8 kilowatts at rated capacity or which requires a voltage other than 120 volts single phase. If Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost installs equipment requiring power in excess of which shall, at Landlord’s option, either be included in Operating Expenses that required for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, normal office use as determined by Landlord; and (6) cleaning service 5 days per week, Tenant shall pay to Landlord upon billing for the cost of such excess power as Additional Rent, together with the cost of installing any additional risers, submeters or other facilities that may be necessary to furnish and/or measure the use of such excess power to the Premises. Tenant shall notify Landlord mayin writing of any need for any excess power usage. If Tenant fails to deliver such notice to Landlord, but will not such excess power usage shall be obligated deemed to provide, any such services (except access and elevator service) have commenced on holidaysthe first day of occupancy of the Premises by Tenant.
(b) Heat, ventilation, and air conditioning (HVAC) to the extent reasonably required to provide a standard of comfort customary in other comparable buildings in the area (“Building Standard HVAC”), during reasonable and usual business hours of 8:00 a.m. to 6:00 p.m., exclusive of Saturdays, Sundays, and state and national holidays (“Building Standard Hours”), or such shorter period specified or prescribed by any applicable policies or regulations adopted by any utility or government agency. If Tenant desires Building Standard HVAC before or after Building Standard Hours, Tenant shall request such service in advance, and Landlord shall provide such service, at the then current hourly rate charged to other tenants in the Building, Tenant shall pay such charges as Additional Rent within ten (10) days of receipt of invoice. Landlord’s current charges as of the Lease Date for Building Standard HVAC after Building Standard Hours are as follows: Fan only - $55.00 per hour; HVAC - $150.00 per hour plus applicable charges for Building engineers. Such charges are subject to change from time to time and may include minimum required hours for Building engineers. If Tenant’s equipment or office machines require additional air conditioning capacity above that provided by Landlord as Building standard or during other than Building Standard Hours, such additional air conditioning installation and operating costs shall be paid by Tenant. Tenant shall not, without Landlord’s prior written consent, use heat generating machines or equipment or lighting other than Building standard lights in the Premises are separately metered for electricitywhich affect the temperature otherwise maintained by the Building air conditioning system. If such consent is given, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in have the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it right to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of install supplementary air conditioning units servicing the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurredcost thereof, including but not limited to the cost of electricity. In additioninstallation and the cost of operation and maintenance thereof, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to shall be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected paid by Tenant and reasonably approved by Landlord. to Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leaseas Additional Rent.
(c) Tenant will have Public elevator service and a freight elevator serving the right to purchase for use floors on which the Premises are situated, during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably designated by Landlord, provided, however, that there shall always be available to Landlord and at least one public elevator supplying access to the Premises; and Premises twenty-four (324) Tenant pays as Additional Rent hours each day, seven (at the time the next payment of Base Rent is due7) the cost of such excess service from time to time charged by Landlord; days per week, subject to any Building security requirements, maintenance, the procedures established by Landlord from time to time for providing such additional effects of emergencies, any interruption of utility services, and the effects of mechanical breakdowns or excess servicesany damage to, or destruction of, the Building of Building systems.
(d) The term “business hours” means 8:00 a.m. Janitorial service five (5) days per week, excluding holidays; provided, however that if Tenant improvements are not consistent in quality and/or quantity with Building standard improvements and therefore require special cleaning or janitorial services, Tenant shall pay any cleaning and janitorial costs attributable to 6:00 p.m. on Monday through Fridaysuch special services. Tenant shall comply with all Legal Requirements and Landlord’s then current sustainability practices relating to the handling, except holidays sorting, separation and/or recycling of all refuse, waste and rubbish.
(as that term e) As of the Suite 400 Delivery Date, there is defined below)a Building lobby attendant present 24 hours per day, and 8:00 a.m. 7 days per week, 52 weeks per year, but Landlord does not covenant to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Daymaintain such attendant throughout the Term of this Lease.
Appears in 1 contract
Samples: Office Lease (Fitbit Inc)
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, by elevators serving the floors on which the Demised Premises are situated as specified and shown in the Building plans and specifications, during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times. The elevators, or any of them, may be operated by automatic control and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require Saturday or after hours service of elevators or of the loading area in the Building under such circumstances as in Landlord's reasonable judgment, will require service or attention by Landlord's personnel, Tenant shall pay Landlord, on demand, a reasonable charge attributable to such service or attention.
18.02 Provided that Tenant shall keep the interior of the Demised Premises in good order, Landlord, at its expense, shall cause the Demised Premises, including the exterior and the interior of the windows thereof (subject to Tenant maintaining unrestricted access to such windows), to be cleaned in accordance with the standards set forth in the attached Exhibit "B" (the "Cleaning Schedule"). Tenant acknowledges that Landlord shall have no responsibility to clean the kitchen area of the Demised Premises. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings cleaning work in the vicinity Demised Premises or the Building required because of (i) misuse or neglect on the part of the ProjectTenant or its employees or visitors, including without limitation (1ii) heat use of portions of the Demised Premises for preparation, serving, or consumption of food or beverages, reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-standard building materials or finishes installed by Tenant or at its request, (v) increases in frequency or scope in any of the items set forth in Exhibit "B" as shall have been requested by Tenant, and air conditioning (b) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated daily in the routine of ordinary business office occupancy, and (ii) all of the refuse and rubbish of Tenant's business machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to the Demised Premises and the use of Tenant's light, power and water in the Demised Premises as may be reasonably required for the comfortable occupation purpose of cleaning the Demised Premises.
18.03 Landlord, at its expense, shall furnish adequate hot and cold water for sink, drinking, lavatory, toilet, and ordinary cleaning purposes to the plumbing fixtures of central Facilities of the Building serving the Demised Premises.
18.04 Landlord shall keep and maintain the public areas and the public facilities of the Building clean and in good order and the sidewalks, driveways and parking areas adjoining the Building shall be kept in good repair and free of accumulation of snow and ice or unlawful obstructions.
18.05 Landlord, subject to its prior written approval, at its expense, and on Tenant's request, shall maintain listings on the Building directory of the names of Tenant, its organizational divisions and any other person or business entities lawfully occupying the Demised Premises during business hours; (2) access or any part thereof, and elevator service; (3) lighting replacement during business hours (for the names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's Proportionate Share of the space on the Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense)directory, the cost size of which shallshall be determined by Landlord. Landlord and Tenant agree that, at Landlord’s optioninitially, either be included in Operating Expenses for all tenants in such Tenant's Proportionate Share shall entitle Tenant to the Building or separately billed use of a total of twelve (12) directory lines, allocated as follows: four (4) lines to each tenant display Tenant's corporate name on the directory board in the Building; one (41) restroom suppliesline to display Tenant's corporate name on the main directory board in the building in the Complex known as One Landmark Square; and the remaining seven (57) window washing with reasonable frequencylines may be used for individual names of Tenant's executives or employees, as determined selected by Landlord; and (6) cleaning service 5 days per weekTenant. Landlord may, but will The listing of any name other than that of Tenant on the Building directory or on any of the doors of the Demised Premises shall not be obligated deemed to providevest in the person or entity so listed any right or interest in this Lease or in the Demised Premises or to constitute the consent of Landlord required under Article 10, or a waiver thereof. Notwithstanding anything to the contrary herein, initial listings on the Building directory shall be at Landlord's expense, and any such services (except access and elevator service) on holidayssubsequent changes and/or additions shall be at Tenant's expense.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, 18.06 Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop, interrupt or suspend service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by law to the Building’s electric linesmake or in good faitx xxxxx xxxisable, feedersor by reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any changeother cause beyond Landlord's reasonable control, failure, interference, disruption, including Governmental restrictions on the use of materials or defect in the supply or character use of any of the electric energy furnished Building systems. In each instance Landlord shall exercise reasonable diligence to eliminate the Premises, or if the supply or character cause of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord stoppage and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.effect
Appears in 1 contract
Samples: Lease (At Plan Inc)
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. (a) 18.01 Landlord shall furnish use its reasonable efforts to: (i) provide public elevator service, passenger and freight service, by elevators serving the floor on which the Demised Premises with those services customarily provided in comparable office buildings in are situated during Regular Hours of Business Days, and (ii) provide at least one passenger elevator subject to call at all other times, subject to force majeure and any other matter outside its reasonable control. Subject to the vicinity rights of Landlord and other tenants to the use of the Project, including without limitation (1) heat freight elevator and air conditioning reasonably required for the comfortable occupation Rules and Regulations of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity require any additional charge for lightingTenant’s reasonable use of the freight elevator during Regular Hours of Business Days, receptacles provided that such use does not exceed normal and outlets customary deliveries incidental to the normal day-to-day operation of office space in buildings comparable to the Building or incidental uses in use occasioned by Tenant’s moving into the Premises; and Demised Premises at the commencement of this Lease. Notwithstanding the foregoing, Tenant, at its sole cost and expense, may use the freight elevator on a nonexclusive basis at times other than Regular Hours of Business Days, provided that such use shall be subject to Landlord’s reasonable rules and at Landlord’s then standard rates including, without limitation, scheduling requirements applicable to all tenants of the Building and security requirements. For the purposes of this Lease, such standard rate is $110.00 per hour (with a two (2) hour minimum on Business Days and a four (4) hour minimum After Hours and on Non-Business Days) as of the date of this Lease, subject to change from time to time and without notice. Such use shall be subject to the availability of appropriate Building security personnel and then existing union work rules.\
18.02 Landlord, at its expense, shall cause the Demised Premises to be cleaned. A list of the cleaning specifications to be performed by Landlord is attached hereto as Exhibit D it being understood that Landlord may make all necessary arrangements such changes in the aforesaid cleaning specifications as are consistent with commercial office space in buildings comparable to the utility company for metering and shall pay for electric current furnished by it to Tenant and Building. Tenant shall pay to Landlord within twenty (20) business days after demand the actual and reasonable costs incurred by Landlord for all charges for electric current consumed (a) extra cleaning work performed by Landlord in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees, contractors, subtenants, or visitors, (ii) use of portions of the Demised Premises during Tenant’s occupancy thereoffor special purposes permitted by Landlord requiring greater or more difficult cleaning work than commercial office areas, (iii) unusual quantity of interior glass surfaces, or (iv) non-building standard materials or finishes installed by Tenant or at its request, and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. If the Premises are not separately meteredLandlord, then, subject its cleaning contractor and their employees shall have After Hours access to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, Demised Premises and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) of light, power and Tenant will pay all costs water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord’s obligations hereunder.
18.03 Landlord, at its expense, shall furnish warm and expenses thereby incurred, including but not limited cold water to the cost of electricity. In addition, if floor on which the Demised Premises are not separately metered located, for electricityoffice, lavatory, shower (if any) and cleaning purposes. If Tenant uses an amount of water Landlord reasonably deems excessive, Landlord, at Tenant’s expense, may install meters to measure Tenant’s consumption of water and/or steam, as the case may be, Tenant shall pay for the quantities of water and/or steam shown on such meter(s) at Landlord’s cost thereof, on the rendition of Landlord’s bills therefor. Landlord may also use an engineer to estimate Tenant’s consumption of water and/or steam, and xxxx Tenant therefor pursuant thereto; provided, however, that if such an engineer shall find normal water and/or steam consumption on the part of Tenant, then there shall be no charge to Tenant for water and/or steam consumption.
18.04 Landlord reserves the right right, without any liability to cause meters Tenant, to stop service of any of the heating, ventilating, air-conditioning, electric, sanitary, water, steam, elevator or other building Systems serving the Demised Premises or the rendition of any of the other services required of Landlord under this Lease (“Landlord Services”), whenever and for so long as may be installed (at Landlord’s expense) if necessary, by reason of accidents, emergencies, strikes or the making of repairs or changes which Landlord reasonably determines that Tenant’s use is required by this Lease or by law to make or in good xxxxx xxxxx necessary, by reason of electrical services furnished by Landlord exceeds that which is customary substantial difficulty in the Building (due to excessive use outside securing proper supplies of Normal Building Hoursfuel, steam, water, electricity, labor or supplies, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company by governmental restrictions or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any changeother cause beyond Landlord’s reasonable control. Notwithstanding the foregoing, failure, interference, disruption, or defect in the supply or character of the electric energy furnished Landlord shall use commercially reasonable efforts to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for mitigate interference with Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to business. If as a consequence of any abatement or diminution interruption of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase Landlord Services lasting for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) a period in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and three (3) Tenant pays consecutive Business Days (hereinafter called the “Threshold Period”), the Demised Premises becomes untenantable and Tenant, as Additional Rent (at a consequence, substantially curtails the time conduct of its business, then provided that the next payment of Base Rent is due) the cost cause of such excess service from time to time charged interruption is not caused by Landlord; subject to any negligent or willful act or omission of Tenant or its agents, representatives, employees, or contractors, beginning upon the procedures established by Landlord from time to time day following the expiration of the Threshold Period and continuing thereafter until the date on which the Demised Premises are once again tenantable, the Fixed Rent payable hereunder shall be abated for providing such additional or excess servicesthat portion which is untenantable.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease Agreement (Tangoe Inc)
LANDLORD'S OTHER SERVICES. 17.01. Landlord, at its expense, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times.
17.02. Landlord, at its expense, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings extra cleaning work in the vicinity Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (1iii) heat unusual quantity of interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request, and air conditioning (b) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have after-hours access to the Demised Premises and the free use of light, power and water in the Demised Premises as reasonably required for the comfortable occupation purpose of cleaning the Demised Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at in accordance with Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays's obligations hereunder.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant17.03. Landlord, at its sole cost and expense, shall make all necessary arrangements furnish adequate hot and cold water to each floor of the Building for drinking, lavatory and cleaning purposes, together with soap, towels and toilet tissue for each lavatory. If Tenant uses water for any other purpose Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the utility company for metering and shall pay for electric current furnished by it to Tenant and case may be. Tenant shall pay for all charges for electric current consumed the quantities of cold water and hot water shown on such meters, at Landlord's cost thereof, on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions rendition of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease's bills therefor.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (Barringer Technologies Inc)
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, by elevators serving the floors on which the Demised Premises are situated as specified and shown in the Building plans and specifications, during Business Hours, and shall have at least one passenger elevator subject to call at all other times. The elevators, or any of them, may be operated by automatic control and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require Saturday or after hours service of elevators or of the loading area in the Building under such circumstances as in Landlord's reasonable judgment, will require service or attention by Landlord's personnel, Tenant shall pay Landlord, on demand, a reasonable charge attributable to such service or attention.
18.02 Landlord, at its expense, shall cause the Demised Premises, including the exterior and the interior of the windows thereof (subject to Tenant maintaining unrestricted access to such windows), to be cleaned in accordance with the standards set forth in the attached Exhibit "B" (the "Cleaning Schedule"). Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) cleaning work in the Demised Premises or the Building required because of (i) misuse or neglect on the part of the Tenant or its employees or visitors, (ii) use of portions of the Demised Premises for preparation, serving, or consumption of food or beverages, reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-standard building materials or finishes installed by Tenant or at its request, (v) increases in frequency or scope in any of the items set forth in Exhibit "B" as shall have been requested by Tenant, and (b) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated daily in the routine of ordinary business office occupancy, and (ii) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to the Demised Premises and the use of Tenant's light, power and water in the Demised Premises as may be reasonably required for the purpose of cleaning the Demised Premises.
18.03 Landlord, at its expense, shall furnish adequate hot and cold water for drinking, lavatory, toilet, and ordinary cleaning purposes to the plumbing fixtures of central facilities of the Building serving the Demised Premises.
18.04 Landlord shall furnish keep and maintain the public areas and the public facilities of the Building clean and in good order and the sidewalks adjoining the Building shall be kept in good repair and free of accumulation of snow and ice or unlawful obstructions.
18.05 Landlord, subject to its prior written approval, which shall not be unreasonably withheld or delayed, at its expense, and on Tenant's request, shall maintain listings on the Building directory of the names of Tenant, its organizational divisions and any other person or business entities lawfully occupying the Demised Premises or any part thereof, and the names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's Proportionate Share of the space on the Building directory, the size of which shall be determined by Landlord. The listing of any name other than that of Tenant on the Building directory or on any of the doors of the Demised Premises shall not be deemed to vest in the person or entity so listed any right or interest in this Lease or in the Demised Premises or to constitute the consent of Landlord required under Article 10, or a waiver thereof. In addition, Landlord will include the name of each of the two (2) entities comprising Tenant in the elevators in the same manner as other tenants of the Building. Notwithstanding anything to the contrary herein, initial listings on the Building directory and in the elevators shall be at Landlord's expense, and any subsequent changes and/or additions shall be at Tenant's expense. Tenant shall also be entitled to install, at Tenant's sole cost and expense and in compliance with those services customarily all applicable laws and/or requirements of public authorities, signage on the front entrance to the Demised Premises and in the elevator lobby on the 22nd floor of the Building, subject to Landlord's prior written approval, which shall not be unreasonably withheld provided such signage is comparable to that found elsewhere in comparable the Complex or in other first-class office buildings in the vicinity Central Business District of the ProjectStamford, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidaysConnecticut.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, 18.06 Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop, interrupt or suspend service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by law to the Building’s electric linesmake or in good xxxxx xxxxx advisable, feedersor by reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any changeother cause beyond Landlord's reasonable control, failureincluding Governmental restrictions on the use of materials or the use of any of the Building systems. In each instance Landlord shall exercise reasonable diligence to eliminate the cause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, interferencewhen practicable, disruptionof the commencement and anticipated duration of such stoppage, and if any work is required to be performed in or defect about the Demised Premises for such purpose, the provisions of Section 15.03 shall apply. Tenant shall not be entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of the interruption, stoppage or suspense of any of the Building systems or services arising out of the causes set forth in this Section.
18.07 Throughout the Term of this Lease, Landlord will provide security in the supply or character of Complex in the electric energy furnished to same manner as it does on the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leasedate hereof.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (Clarus Corp)
LANDLORD'S OTHER SERVICES. 18.01 If the Building is equipped with elevator(s), Landlord, at its expense, shall provide public elevator service to the floor(s) on which the Demised Premises are situated during regular hours of business days.
18.02 Landlord, at its expense, shall cause the Demised Premises to be cleaned on a scheduled basis. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings extra cleaning work in the vicinity Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (1iii) heat intentionally deleted, (iv) non-building standard materials or finishes installed by Tenant or at its request, and air conditioning (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have after hour’s access to the Demised Premises and the free use of light, power and water in the Demised Premises as reasonably required for the comfortable occupation purpose of cleaning the Demised Premises in accordance with Landlord’s obligations hereunder. Tenant, by this Article 18, waives any claim against Landlord, its agents, employees, or contractors for damages for any injury or inconvenience to or interference with tenant’s business, any loss of occupancy or quiet enjoyment of the Premises during business hours; (2) access Demised Premises, or any other loss occasioned by any entry in accordance with this Article 18.
18.03 Landlord, at its expense, shall furnish hot and elevator service; (3) lighting replacement during business hours (cold water to the Building for Building standard lightsdrinking, but not lavatory and cleaning purposes. If Tenant uses water for any special Tenant lightsother purpose Landlord, which will be replaced at Tenant’s sole cost expense, may install meters to measure Tenant’s consumption of hot and/or cold water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold and expense), the cost of which shallhot water shown on such meters, at Landlord’s optioncost thereof, either be included in Operating Expenses for all tenants in within ten (10) days of the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by rendition of Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays’s bills therefor.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, 18.04 Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by this Lease or by law to the Building’s electric linesmake or in good xxxxx xxxxx necessary, feedersby reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect other cause beyond Landlord’s reasonable control. Landlord shall take reasonable steps to minimize any inconvenience to Tenant in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no connection with such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leasestoppage.
(c) 18.05 Landlord agrees to provide to Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as one (1) listing on the lobby directory of the Building, if such directory exists on the Commencement Date, for the name of Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicespermitted subtenants/occupant.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (Boomerang Systems, Inc.)
LANDLORD'S OTHER SERVICES. (a) Landlord 18.01. Landlord, at its expense, shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and provide public elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, by elevators serving the floors on which will be replaced at Tenant’s sole cost the Demised Premises are situated as specified and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants shown in the Building plans and specifications, during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times. The elevators, or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequencyany of them, may be operated by automatic control and/or by manual control, as determined by Landlord; and (6) cleaning service 5 days per weekLandlord shall determine at any time or from time to time. Landlord may, but will shall not be obligated to providefurnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require Saturday or after hours service of elevators or of the loading area in the Building under such circumstances as in Landlord's reasonable judgment, any will require service or attention by Landlord's personnel. Tenant shall pay Landlord, on demand, a reasonable charge attributable to such services service or attention. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (except access a) cleaning work in the Demised Premises or the Building required because of misuse or neglect on the part of the Tenant or its employees or visitors, and elevator service) on holidays.
(b) If removal from the Demised Premises are separately metered for electricity, Landlord and the Building of (i) so much of any refuse and rubbish of Tenant as shall not provide electricity for lighting, receptacles and outlets or incidental uses exceed that normally accumulated daily in the Premises; routine of ordinary business office occupancy and (ii) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any eating facilities requiring special handling (known as "wet garbage"). Landlord and its contractors and their employees shall have after hours access to the Demised Premises and the use of Tenant's light, power, and water in the Demised Premises as may be reasonably required. Tenant shall comply with all recycling requirements, rules and regulations made by any governmental authority or the Landlord.
18.02. Landlord, at its sole cost and expense, shall make all necessary arrangements with furnish adequate hot and cold water for drinking, lavatory, toilet, and ordinary cleaning purposes to the utility company for metering plumbing fixtures of central Facilities of the Building serving the Demised Premises.
18.03. Landlord shall keep and maintain the public areas and the public facilities of the Building clean and in good order and the sidewalks adjoining the Building shall pay for electric current furnished by it to Tenant be kept in good repair and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereoffree of accumulation of snow and ice or unlawful obstruction.
18.04. If the Premises are not separately metered, thenLandlord, subject to its prior written approval, at its initial expense, and on Tenant's request, shall maintain listings on the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy Building directory of the Premisesnames of Tenant, its organizational divisions and any other person or business entities lawfully occupying the Demised Premises or any part thereof, and the charges for such electricity will names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's Proportionate Share of the space on the Building directory, the size of which shall be included determined by Landlord. The listing of any name other than that of Tenant on the Building directory or on any of the doors of the Demised Premises shall not be deemed to vest in Operating Expenses. Tenant’s use the person or entity so listed any right or interest in this Lease or in the Demised Premises or to constitute the consent of electrical services must not exceed, either in voltage, rated capacityLandlord required under Article 10, or overall load or usagea waiver thereof. Notwithstanding anything to the contrary herein, that which Landlord deems to initial listings on the Building directory shall be Building Standard. The Building Standard overall load is deemed to at Landlord's expense, and any subsequent changes and/or additions shall be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s 's expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity.
18.05. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop, interrupt or suspend service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by this Lease or by law to the Building’s electric linesmake or in good xxxxx xxxxx advisable, feedersor by reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any changeother cause beyond Landlord's reasonable control, failure, interference, disruption, including Governmental restrictions on the use of materials or defect in the supply or character use of any of the electric energy furnished Building systems. In each instance Landlord shall exercise reasonable diligence to eliminate the Premisescause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, or if the supply or character when practicable, of the electrical energy supplied by commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the Electric Service Provider Demised Premises for such purpose, the provisions of Section 15.03 shall apply. Tenant shall not be entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any Alternate Service Provider (of the obligations of Tenant be affected or reduced by reason of the electric utility company selected by Tenantinterruption, if the Premises are separately metered) is no longer available stoppage or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspense of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicescauses set forth in this Section.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, passenger and freight, by elevators serving the floor on which the Demised Premises are situated during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times.
18.02 Landlord, at its expense, shall cause the Demised Premises to be cleaned in accordance with the cleaning specifications annexed hereto as EXHIBIT F. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings extra cleaning work in the vicinity Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation serving or consumption of food or beverages, data processing or reproducing operations; private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (1iii) heat unusual quantity of interior glass surfaces, (iv) non-Building standard materials or finishes installed by Tenant or at its request, and air conditioning (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. To the extent required by laws and/or requirements of public authorities, Tenant shall separate its refuse and rubbish in such manner to enable Landlord, its cleaning contractor and its employees to comply with any law and/or requirement of public authority mandating the recycling of refuse and rubbish from the Building. Landlord, its cleaning contractor and their employees shall have after hours access to the Demised Premises and the free use of light, power, and water in the Demised Premises as reasonably required for the comfortable occupation purpose of cleaning the Demised Premises during business hours; (2) access in accordance with Landlord obligations hereunder.
18.03 Landlord, at its expense, shall furnish adequate hot and elevator service; (3) lighting replacement during business hours (cold water to the floor on which the Demised Premises are located for Building standard lightsdrinking, but not lavatory and cleaning purposes. If Tenant uses water for any special Tenant lightsother purpose Landlord, which will be replaced at Tenant’s sole cost 's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and expense), the cost of which shallhot water shown on such meters, at Landlord’s option's cost thereof, either be included in Operating Expenses for all tenants in on the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by rendition of Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays's bills therefor.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant18.04 Landlord, at its sole cost and expense, and on Tenant's request, shall make all necessary arrangements with maintain the utility company original listings on the Building directory of the names of Tenant, and the names of any of their officers and employees, provided that the names so listed shall not take up more than one (1) line on the Building directory. In the event Tenant shall require additional or substitute listings on the Building directory, Landlord shall, to the extent space for metering and shall pay for electric current furnished by it to Tenant such additional or substitute listing is available, maintain such listings and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities an amount equal to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges Landlord's reasonable charge for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, listings.
18.05 Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by this Lease or by law to the Building’s electric linesmake or in good xxxxx xxxxx necessary, feedersby reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leaseother cause beyond Landlord's reasonable control.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (Aveta Inc)
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.01. Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2Section 5.04, shall provide public elevator service, passenger and service, by elevators serving the floors on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times.
17.02. Landlord, subject to the provisions of Section 5.04, shall cause the Demised Premises to be cleaned with regular janitorial services in accordance with the specifications set forth on attached Exhibit B. Tenant shall pay to Landlord will also provide facilities to provide electrical current on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas; (iii) unusual quantity of interior glass surfaces; (iv) non-building standard materials or finishes installed by Tenant or at its request; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and occupancy water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord’s obligations hereunder. Tenant shall be permitted to impose reasonable security procedures and practices (e.g., not permitting access to limited “secure” areas without a representative of Tenant being present) on Landlord, its cleaning contactor, and their employees for any after-hours access to the Demised Premises during the Term.
17.03. Landlord, subject to the provisions of Section 5.04, shall furnish adequate hot and cold water to each floor of the PremisesBuilding for drinking, lavatory, and cleaning purposes, together with soap, towels, and toilet tissue for each lavatory. If Tenant uses water for any other purpose, Landlord, at Tenant’s expense, may install meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. In such instances Tenant shall then pay for the quantities of cold water and hot water shown on such meters, at Landlord’s cost thereof, on the rendition of Landlord’s bills therefor.
17.04. Landlord, at its expense, and at Tenant’s request, shall insert initial listings on the Building directory of the name of Tenant, and the charges names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant’s proportionate share of the space on the Building directory. All Building directory changes made at Tenant’s request after the Tenant’s initial listings have been placed on the Building directory shall be made by Landlord at the expense of Tenant, and Tenant agrees to promptly pay to Landlord as Additional Rent the cost of such changes within ten (10) days after Landlord has submitted an invoice therefor.
17.05. If the Demised Premises or any portion thereof are rendered untenantable and are not able to be used by Tenant for a period of five (5) consecutive business days or ten (10) business days in any one hundred and eighty (180) day period (the time the Demised Premises are untenantable being referred to as the “Eligibility Period”) as a result of a failure of the water, heating, ventilating, air conditioning, electric, sanitary, elevator, or other Building systems serving the Demised Premises, Tenant’s Rent shall be abated after the expiration of the Eligibility Period for such electricity will time as the Demised Premises or any portion thereof remains untenantable, provided that there shall be no abatement of Rent if such failure is caused by the negligent or willful acts or omission of Tenant, its licensees or invitees.
17.06. Landlord shall make available for Tenant’s use one hundred twenty (120) non-reserved parking spaces (which is Tenant’s Percentage of the total parking spaces adjacent to the Building) in common use with other tenants of the Building in the parking area adjacent to the Building; provided, however, that six (6) of Tenant’s parking spaces shall be reserved expressly for Tenant and shall be located in the area adjacent to the main entrance of the Building designated on attached Exhibit D.
17.07. The Building and the Demised Premises shall be cleaned in accordance with the Cleaning and Maintenance Schedule set forth on Exhibit B annexed hereto and made a part hereof.
17.08. Landlord shall have no obligation to provide personnel for Building and parking lot security (including but not limited to a staffed lobby security desk and/or a parking lot security guard or patrol car) (collectively, “Security Personnel”). If Landlord elects, in its sole and absolute discretion, to provide Security Personnel at any time, the costs of such Security Personnel shall be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacityunless such Security Personnel is being supplied due to a requirement by, or overall load or usageat the request of, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess any tenants of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by than Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease Agreement
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.01. Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of Section 5.04, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times. Landlord states that except for such instances of temporary use for move in, no elevator shall be dedicated to the exclusive use of one tenant.
17.02. Landlord, subject to the provisions of Section 5.04, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas (only to the extent of such additional work performed); (iii) unusual quantity of interior glass surfaces; (iv) non-building standard materials or finishes installed by Tenant or at its request after the Commencement Date; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord's obligations hereunder. Landlord agrees that it shall reasonably permit Tenant to designate a locked "or security zone" for the storage of confidential proprietary information, which will have restricted access available to Landlord and its agents. To the extent such security zone is not available to Landlord, Tenant shall be liable for all legal requirements relating to safety, access, ventilation and maintenance and shall indemnify Landlord with respect thereto. Access shall be made available to Landlord upon reasonable notice and during emergencies. Tenant shall maintain the security zone so as to comply with reasonable requirements of Landlord's insurer.
17.03. Landlord, subject to the provisions of Section 5.04, shall furnish adequate hot and cold water to each floor of the Building for drinking, lavatory, and cleaning purposes, together with soap, towels, and toilet tissue for each lavatory. If Tenant uses water for any other purpose, Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and hot water shown on such meters, at Landlord's cost thereof, on the rendition of Landlord's bills therefor.
17.04. Landlord, at its expense, and at Tenant's request, shall insert initial listings on the Building directory of the names of Tenant, and the names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building directory. All reasonable Building directory changes made at Tenant's reasonable request after the Tenant's initial listings have been placed on the Building directory shall be made by Landlord at the expense of Tenant, and Tenant agrees to promptly pay to Landlord as additional rent the cost of such changes within ten (10) days after Landlord has submitted an invoice therefor.
17.05. Landlord reserves the right, without any liability to Tenant, to stop service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator, or other Building systems serving the Demised Premises, or the rendition of any of the other services required of Landlord under this Article 13.2Lease, whenever and for so long as may be necessary, by reason of accidents, emergencies, strikes, or the making of repairs or changes which Landlord will also provide facilities to provide electrical current is required by this Lease or by law to make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord's reasonable control. Notwithstanding the foregoing, if, as a result of circumstances beyond Landlord's control, any service, utility or capacity which Landlord is required to furnish or make available to Tenant in its use and occupancy of under this Lease is interrupted such that Tenant is unable to utilize the Demised Premises, and such condition exists for three (3) consecutive business days after written notice thereof, then commencing from the fourth (4th) business day, Tenant shall be entitled to an abatement of fixed rent and additional rent for each day thereafter that Tenant is unable to utilize the Demised Premises for the conduct of its business. If the condition exists for sixty (60) or more consecutive days, then on five (5) business days written notice, Tenant shall be entitled to terminate this Lease in which event, neither party shall have any further liability to the other.
17.06. Landlord shall make available for Tenant's use Tenant's Proportionate Share of parking spaces in common with other tenants of the Building in the parking area adjacent to the Building. Landlord agrees that except for payment of common expense charges covered by Article 5, there shall be no separate fee or cost to Tenant for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceedthe parking areas. Landlord states that the parking for the Building and the Building known as 000 Xxxxxxxx Xxxxxx, either including the atrium, is contained in voltage, rated capacity, or overall load or usage, a parking structure attached to both buildings and surface parking area surrounding same and that which Landlord deems to be Building Standardthe parking spaces are calculated on the basis of four (4) parking spaces per rentable 1,000 square feet of office space.
17.07. The Building Standard overall load is deemed and the Demised Premises shall be cleaned in accordance with the Cleaning and Maintenance Schedule set forth on Exhibit D annexed hereto and made a part hereof.
17.08. Tenant acknowledges that as part of the consideration for this Lease, and in order not to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical interfere with the rights of other tenants or other tenants' quiet enjoyment of the common areas of the Building and otherwise prevent Landlord from performing its services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited without causing increases to the cost of electricity. In additionsuch services, if Tenant agrees that it shall not permit its employees to congregate in hallways or elevators, shall not permit its employees to create an unsightly condition in or about any passageway from the Premises are not separately metered for electricityBuilding or the common areas or to the parking lot/deck, Landlord reserves with regard to smoking, including the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use disposal of electrical services furnished by Landlord exceeds that which is customary cigarettes, in the courtyard and/or outer areas adjacent to the Building (due and will otherwise require its employees to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants act and conduct themselves in the Building. Landlord has selected common areas in such a utility company (“Electric Service Provider”) to provide electricity service for manner as will not disturb other tenants or the use and enjoyment by other tenants of the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease Agreement (Pxre Group LTD)
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.01. Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2Section 5.04, shall provide public elevator servi e, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times.
17.02. Landlord, subject to the provisions of Section 5.04, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord will also provide facilities to provide electrical current on demand the costs incur-red by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees o visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas; (iii) unusual quantity of interior glass surfaces; (iv) non-building standard materials or finishes installed by Tenant or at its request; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and occupancy water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord's obligations hereunder.
17.03. Landlord, subject to the provisions of Section 5.04, shall furnish adequate hot and cold water to each floor of the PremisesBuildi g for drinking, lavatory, and cleaning purposes, together with soap, towels, and toilet tissue for each lavatory. If Tenant uses water for any other purpose, Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and hot water shown on such meters, at Landlord's cost thereof, on the rendition of landlord's bills therefor.
17.04. Landlord, at its expense, and at Tenant's request, shall insert initial listings on the Building director of the names of Tenant, and the charges for such electricity will names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the uilding directory. All Building directory changes made at Tenant's request after the Tenant's initial listings have been placed on the Building directory shall be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed made by Landlord to be Building Standardat the expense of Tenant, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will agrees to promptly pay all costs and expenses thereby incurred, including but not limited to Landlord as additional rent the cost of electricitysuch changes within ten (10) days after Landlord has submitted an invoice therefor.
17.05. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right right, without any liability to cause meters Tenant, to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop service of electrical services furnished by Landlord exceeds that which is customary in any of the Building (due to excessive use outside of Normal Building Hoursheating, ventilating, air conditioning, electric, sanitary, elevator, or otherwise)other Building systems serving the Demised P emises, in which case Tenant will also pay or the rendition of any of the other services required of Landlord under this Lease, whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes, or the making of repairs or changes which Landlord is required by this Lease or by law to the Building’s electric linesmake or in good xxxxx xxxxx necessary, feedersby reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect other cause beyond Landlord's reasonable control.
17.06. Landlord shall make available for Tenant's use in the supply or character common with other tenants of the electric energy furnished Xxx ding the parking area adjacent to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the LeaseBuilding.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays17.07. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Building and Christmas Daythe Demised Premises shall be cleaned in accordance with the Cleaning and Maintenance Schedule set forth on Exhibit D annexed hereto and made a part hereof.
Appears in 1 contract
Samples: Lease Agreement (Robotic Lasers Inc)
LANDLORD'S OTHER SERVICES. (a) Landlord 18.01 Landlord, at its expense, shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and provide public elevator service; (3) lighting replacement , passenger and freight, by elevators serving the floor on which the Demised Premises are situated during regular hours of business days, and shall have at least one passenger elevator subject to call 24 hours (for Building standard lightsper day, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 7 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays365 days per year.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant18.02 Tenant shall, at its sole cost and expense, cause the Demised Premises to be cleaned in a manner reasonably satisfactory to Landlord utilizing a cleaning contractor approved by Landlord (which approval shall make not be unreasonably withheld or delayed). Tenant shall, at its sole cost and expense, store, receive and transport all necessary arrangements refuse and rubbish from the Demised Premises in compliance with all present and future laws, orders, rules and regulations of any governmental or quasi-governmental authority having jurisdiction thereof and shall deposit such refuse and rubbish on a daily basis in a location in the utility company Building designated by Landlord. Additionally, Tenant shall, at its sole cost and expense, cause an extermination contractor, approved by Landlord (which approval shall not be unreasonably withheld or delayed) to treat the Demised Premises, on a periodic basis, to prevent the Demised Premises from infestation by vermin or to exterminate any vermin therein. Such treatment shall be in compliance with all present and future laws, orders, rules and regulations of any governmental or quasi-governmental authority having jurisdiction. Additionally, Tenant shall, at its sole cost and expense, cause the windows in the Demised Premises, both inside and outside, to be cleaned at least one time per calendar quarter by a contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed, and which window cleaning shall be performed in compliance with all present and future laws, orders, rules and regulations of any governmental or quasi-governmental authority having jurisdiction.
18.03 Landlord, at its expense, shall furnish cold water to the floor(s) on which the Demised Premises are located through the existing wet columns for metering drinking, lavatory and cleaning purposes. If Tenant uses water for any other purpose Landlord, at Tenant's expense, may install meters to measure Tenant's consumption of cold water for such other purposes, as the case may be. Tenant shall pay for electric current the quantities of cold water shown on such meters, at Xxxxxxxx's cost thereof, within ten (10) days of the rendition of Xxxxxxxx's bills therefor. Hot water shall be furnished by it to the public lavatories on the floor(s) on which the Demised Premises are located.
18.04 Landlord, at its expense, shall maintain the listing on the Building directory of the names of Tenant and its permitted assignees and sublessees, and the names of any of their respective officers and employees, in Building standard lettering provided that the names so listed shall not take up more than six (6) lines on the Building directory. In the event Tenant shall require additional listing on the Building directory, Landlord shall, to the extent space for such additional listing is available, maintain such listings and Tenant shall pay to Landlord the then Building standard charge for all charges each such additional listing or any substitute listings.
(a) Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this lease, to stop service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or the rendition of any of the other services required of Landlord under this lease, whenever and for electric current consumed on so long as may be necessary, by reason of accidents, emergencies, strikes or the making of repairs or changes which Landlord is required by this lease or by law to make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord's reasonable control. Landlord shall take reasonable steps to minimize any inconvenience to Tenant in connection with such stoppage.
(b) Notwithstanding anything to the contrary contained in this lease, if, as a result of (i) Landlord's failure to provide any service under this lease which is required to be provided by Landlord, or (ii) Landlord's failure to make or complete repairs to the Demised Premises during Tenant’s occupancy thereof. If and/or the Premises are not separately metered, then, subject Building which it is required to make and complete pursuant to the provisions of this Article 13.2lease or, (iii) in connection with making any such repair, Landlord will also provide facilities to provide electrical current required by Tenant in its materially interferes with Tenant's use and occupancy of the Demised Premises, and in each case resulting from causes other than the charges for such electricity will be included in Operating Expenses. act, omission or negligence of Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load its agents, employees, contractors or usageinvitees, that which Landlord deems or, with respect to be Building Standard. The Building Standard overall load items (i) and (ii) above, of any public utility company serving the Building, Tenant is deemed unable to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services use all or any portion of the Demised Premises in the normal course of its business and does not use all or such portion of the Demised Premises for a period in excess of fifteen (15) consecutive business days by reason of such failure, then Tenant shall be entitled to an abatement of fixed rent from and after the sixteenth (16th) business day through the day when such service is restored or repairs are completed based upon the ratio that deemed the rentable square foot area of the Demised Premises not used by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited bears to the cost rentable square foot area of electricitythe Demised Premises. In addition, if The foregoing provisions shall not apply in the event the Demised Premises are not separately metered for electricitydamaged in whole or part as a result of fire or other casualty, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary dealt with in other provisions of this lease.
18.06 Landlord shall, at no cost to Tenant, provide reasonably sufficient space in the Building (due to excessive use outside shafts of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, the approximate location of which shall be reasonably acceptable to Landlord and will have the right Tenant and which location shall be subject to availability, to allow Tenant, at any time Tenant's sole cost and from time expense, to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlordrun telephone communication feeders and cables, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately meteredin conduit, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect telephone frame room in the supply or character basement of the electric energy furnished Building to the Demised Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements. Such installation shall be performed in accordance with, and no such changesubject to, failurethe applicable provisions of this lease, defectincluding, unavailabilitywithout limitation, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the LeaseArticle 13 hereof.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (Promotions Com Inc)
LANDLORD'S OTHER SERVICES. 14.01. Landlord shall, at its expense, provide elevators (apassenger and service, as now exist serving the Premises,) Landlord during Business Hours, and at least one passenger elevator at all other times.
14.02. Landlord, at its expense, shall furnish the janitorial services set forth in Exhibit C. Tenant shall reimburse Landlord, promptly upon demand, for any reasonable additional expense for janitorial services incurred by Landlord as a result of any neglect or unusual use of the Demised Premises by Tenant or non-compliance by Tenant with those services customarily provided in comparable office buildings the Rules and Regulations annexed hereto. Any such additional charge shall be reasonably defined before such service is provided, if possible.
14.03. Landlord shall, during the term of this Lease, and without additional separate charge, supply: (i) hot and cold chilled water to the plumbing facilities in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and common area restrooms adjacent to the Premises; and (3ii) such landscaping, including mowing of lawn, raking and removal of leaves, trimming of shrubs, bushes and trees, removal of snow and ice and the maintenance of the parking areas, roads and other site related amenities as Landlord shall elect, in its sole discretion, to supply for all other tenants of the Building. All of these services shall be provided in a manner consistent with first class office buildings in the Danbury area.
14.04. Landlord shall provide, at then current charges, to Tenant pays and its employees, as Additional Rent applicable, those services as set forth in Exhibit D attached hereto (at hereinafter called the time "Miscellaneous Services"). Within thirty (30) days after the next payment presentation of an invoice therefor, Tenant shall reimburse Landlord for the Miscellaneous Services based upon the rates and charges set forth in Exhibit D. Landlord shall have no liability to Tenant or its employees with respect to the Miscellaneous Services furnished pursuant hereto. Landlord reserves the right to cancel or terminate any of the Miscellaneous Services upon ten (10) days prior notice to Tenant and in such event Landlord shall not be liable to Tenant for any claims of default, partial or constructive eviction or otherwise, based on such cancellation or termination.
14.05. Landlord shall not be liable to Tenant for interruption or curtailment of any services to be furnished by Landlord under the Lease, resulting partly or wholly from any cause beyond Landlord's reasonable control or by reason of repairs to or changes in the Building which Landlord is required to make or deems necessary, provided Landlord commences and completes such repairs or changes and restores such services with reasonable diligence under the circumstances (subject to Casualty, Condemnation, Unavoidable Delays and Events of Default) and gives Tenant reasonable notice, when practicable, of the commencement of such interruption or curtailment. In no event shall there be any abatement, diminution or reduction of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through FridayAdditional Rent, except holidays (as that term is defined below), may be otherwise provided in Articles 18 and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day19.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. 9.01 Landlord shall provide public elevator service to the floor(s) on which the Demised Premises are situated during Regular Business Hours, and shall have at least one elevator subject to call at all other times. The elevator(s), or any or all of them, if more than one, may be operated by automatic control and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require after hours service of elevator(s) or of the loading area in the Building under such circumstances as, in Landlord's reasonable judgment, will require service or attention by Landlord's personnel, Tenant shall pay Landlord, on demand, a reasonable charge attributable to such service or attention.
9.02 Provided that Tenant shall keep the Demised Premises in good order, Landlord shall cause the Demised Premises, including the exterior and the interior of the windows thereof (subject to Tenant maintaining unrestricted access to such windows), to be cleaned in accordance with the standards set forth in Exhibit D annexed hereto and made a part hereof. Tenant will not clean, nor require, permit or allow any window in the premises to be cleaned from the outside. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings cleaning work in the vicinity Demised Premises or the Building required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation serving, or consumption of food or beverages, reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office area, (1iii) heat interior glass surfaces, (iv) non-Building standard materials or finishes installed by Tenant or at its request, (v) increases in frequency or scope in any of the items set forth in Exhibit D as shall have been requested by Tenant, and air conditioning (b) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that properly accumulated daily in the routine or ordinary business office and (ii) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to the Demised Premises and the use of the Tenant's light, power and water in the Demised Premises as may be reasonably required for the comfortable occupation purpose of cleaning the Premises during business hours; Demised Premises. Extraordinary waste (2such as crates, cartons, boxes, etc. and used furniture or equipment) access and elevator service; (3) lighting replacement during business hours (for shall be removed from the Building standard lights, but not for any special by Tenant lights, which will be replaced at Tenant’s sole 's own cost and expense). At no time shall Tenant place any waste of any kind in any public areas. If Tenant does so, the cost parties agree that everything so placed shall be deemed abandoned and of which shall, no value to Tenant and Landlord may have the same removed and disposed of at Landlord’s option, either Tenant's expense. Such expenses shall be included deemed additional rent payable by Tenant within ten (10) days after being billed therefor. This remedy is in Operating Expenses for all tenants in the Building or separately billed addition to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. any other remedies Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidaysmay have under this lease.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant9.03 Landlord, at its sole cost and expense, shall make all necessary arrangements furnish adequate hot and cold water at ordinary lavatory temperature to each floor of the Building for drinking, lavatory, and cleaning purposes, together with soap, towels and toilet tissue for each lavatory. If Tenant uses water for any other purpose Landlord, at Tenant's expense, may install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the utility company for metering and shall pay for electric current furnished by it to Tenant and case may be. Tenant shall pay for all charges for electric current consumed the quantities of cold water and hot water shown on such bills therefor. In connection with permitted kitchen use, the amount of hot water demand shall not exceed the excess Building design capacity.
9.04 Landlord, at its own expense, and at Tenant's request, shall insert initial listings on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy Building Directory of the Premisesnames of Tenant, and any affiliate, and the charges for such electricity will names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building Directory. All Building Directory changes made at Tenant's request after the Tenant's initial listings have been placed on the Building Directory shall be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed made by Landlord to be Building Standardat the expense of Tenant, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will agrees to promptly pay all costs and expenses thereby incurred, including but not limited to Landlord as additional rent the cost of electricitysuch changes within ten (10) days after Landlord has submitted an invoice therefor.
9.05 With respect to parking of vehicles (if parking is provided under Article 1 hereof):
A. Landlord represents that throughout the Term there will be a paved, illuminated parking area for the Building with the number of Parking Spaces specified in Article 1. In additionIf Landlord so elects, if the Premises are not separately metered Tenant shall require its personnel and visitors to park their vehicles only in Parking Spaces designated by Landlord for electricityTenant's use for its personnel and visitors on a "first come, first served" basis. Landlord reserves the right at all times to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that redesignate such Parking spaces. Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, its personnel and will have the right visitors shall not at any time and from time to time during park any trucks or delivery vehicles in any of the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, parking areas.
B. All Parking Spaces and any other machinery within the Premises. If the Premises are not separately metered for electricityparking areas used by Tenant, then Tenant its personnel and visitors will obtain all of its electricity for the Premises from be at their own risk, and Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will shall not be liable or responsible for any loss, damageinjury to person or property, or expense for loss or damage to any automobile or its contents, resulting from theft, collision, vandalism or any other cause whatsoever.
C. Tenant shall agree to all requests by Landlord that Tenant sustains and its employees and visitors remove their vehicles from the Parking Spaces to another parking area provided by Landlord at reasonable periods for purposes of cleaning and maintenance of such spaces or incurs as required for purposes of snow removal, provided that Landlord will perform such cleaning, maintenance and snow removal and make such Parking Spaces available to Tenant and its employees and visitors as promptly as possible.
9.06 Landlord shall keep and maintain the public areas and the public facilities of the Building and the grounds clean and in good order, and the sidewalks and parking areas adjoining the Building shall be kept free of accumulation of snow and ice (except any overnight parking area) or unlawful obstruction.
9.07 Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to stop, interrupt or suspend service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or the rendition of any other services required of Landlord under this Lease, whenever and for so long as may be necessary, by reason of any changeaccidents, failureemergencies, interference, disruptionthe making of repairs or changes which Landlord is required by this Lease or by law to make or in good faitx xxxxx xxxisable, or defect in by reason of unavoidable delays. In each instance Landlord shall exercise reasonable diligence to eliminate the supply or character cause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, when practicable, of the electric energy furnished commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the PremisesDemised Premises for such purpose, the provision of Section 14.03 shall apply. Tenant shall not be entitled to any diminution or if the supply abatement of rent or character other compensation nor shall this Lease or any of the electrical energy supplied obligations of Tenant be affected or reduced by reason of the Electric Service Provider interruption, stoppage or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspension of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicescauses set forth in this Section.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.01. Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of Section 5.04, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times. Landlord states that except for such instances of temporary use for move in, no elevator shall be dedicated to the exclusive use of one tenant.
17.02. Landlord, subject to the provisions of Section 5.04, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas (only to the extent of such additional work performed); (iii) unusual quantity of interior glass surfaces; (iv) non-building standard materials or finishes installed by Tenant or at its request after the Commencement Date; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord's obligations hereunder. Landlord agrees that it shall reasonably permit Tenant to designate a locked "or security zone" for the storage of confidential proprietary information, which will have restricted access available to Landlord and its agents. To the extent such security zone is not available to Landlord, Tenant shall be liable for all legal requirements relating to safety, access, ventilation and maintenance and shall indemnify Landlord with respect thereto. Access shall be made available to Landlord upon reasonable notice and during emergencies. Tenant shall maintain the security zone so as to comply with reasonable requirements of Landlord's insurer.
17.03. Landlord, subject to the provisions of Section 5.04, shall furnish adequate hot and cold water to each floor of the Building for drinking, lavatory, and cleaning purposes, together with soap, towels, and toilet tissue for each lavatory. If Tenant uses water for any other purpose, Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and hot water shown on such meters, at Landlord's cost thereof, on the rendition of Landlord's bills therefor.
17.04. Landlord, at its expense, and at Tenant's request, shall insert initial listings on the Building directory of the names of Tenant, and the names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building directory. All reasonable Building directory changes made at Tenant's reasonable request after the Tenant's initial listings have been placed on the Building directory shall be made by Landlord at the expense of Tenant, and Tenant agrees to promptly pay to Landlord as additional rent the cost of such changes within ten (10) days after Landlord has submitted an invoice therefor.
17.05. Landlord reserves the right, without any liability to Tenant, to stop service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator, or other Building systems serving the Demised Premises, or the rendition of any of the other services required of Landlord under this Article 13.2Lease, whenever and for so long as may be necessary, by reason of accidents, emergencies, strikes, or the making of repairs or changes which Landlord will also provide facilities to provide electrical current is required by this Lease or by law to make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord's reasonable control. Notwithstanding the foregoing, if, as a result of circumstances beyond Landlord's control, any service, utility or capacity which Landlord is required to furnish or make available to Tenant in its use and occupancy of under this Lease is interrupted such that Tenant is unable to utilize the Demised Premises, and such condition exists for three (3) consecutive business days after written notice thereof, then commencing from the fourth (4th) business day, Tenant shall be entitled to an abatement of fixed rent and additional rent for each day thereafter that Tenant is unable to utilize the Demised Premises for the conduct of its business. If the condition exists for sixty (60) or more consecutive days, then on five (5) business days written notice, Tenant shall be entitled to terminate this Lease in which event, neither party shall have any further liability to the other.
17.06. Landlord shall make available for Tenant's use Tenant's Proportionate Share of parking spaces in common with other tenants of the Building in the parking area adjacent to the Building. Landlord agrees that except for payment of common expense charges covered by Article 5, there shall be no separate fee or cost to Tenant for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceedthe parking areas. Landlord states that the parking for the Building and the Building known as 000 Xxxxxxxx Xxxxxx, either including the atrium, is contained in voltage, rated capacity, or overall load or usage, a parking structure attached to both buildings and surface parking area surrounding same and that which Landlord deems to be Building Standardthe parking spaces are calculated on the basis of four (4) parking spaces per rentable 1,000 square feet of office space.
17.07. The Building Standard overall load is deemed and the Demised Premises shall be cleaned in accordance with the Cleaning and Maintenance Schedule set forth on Exhibit D annexed hereto and made a part hereof
17.08. Tenant acknowledges that as part of the consideration for this Lease, and in order not to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical interfere with the rights of other tenants or other tenants' quiet enjoyment of the common areas of the Building and otherwise prevent Landlord from performing its services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited without causing increases to the cost of electricity. In additionsuch services, if Tenant agrees that it shall not permit its employees to congregate in hallways or elevators, shall not permit its employees to create an unsightly condition in or about any passageway from the Premises are not separately metered for electricityBuilding or the common areas or to the parking lot/deck, Landlord reserves with regard to smoking, including the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use disposal of electrical services furnished by Landlord exceeds that which is customary cigarettes, in the courtyard and/or outer areas adjacent to the Building (due and will otherwise require its employees to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants act and conduct themselves in the Building. Landlord has selected common areas in such a utility company (“Electric Service Provider”) to provide electricity service for manner as will not disturb other tenants or the use and enjoyment by other tenants of the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Sublease Agreement (I Many Inc)
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, passenger and freight, by elevators serving the floor on which the Demised Premises are situated during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times.
18.02 Landlord, at its expense, shall cause the Demised Premises to be cleaned in accordance with the cleaning specifications annexed hereto as Exhibit F. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings extra cleaning work in the vicinity Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation serving or consumption of food or beverages, data processing or reproducing operations; private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (1iii) heat unusual quantity of interior glass surfaces, (iv) non-Building standard materials or finishes installed by Tenant or at its request, and air conditioning (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have after hours access to the Demised Premises and the free use of light, power and water in the Demised Premises as reasonably required for the comfortable occupation purpose of cleaning the Demised Premises during business hours; in accordance with Landlord obligations hereunder (2) access and elevator service; (3) lighting replacement during business hours (the usage thereof shall be included in the Initial Survey).
18.03 Landlord, at its expense, shall furnish adequate hot and cold water to the floor on which the Demised Premises are located for Building standard lightsdrinking, but not lavatory and cleaning purposes. If Tenant uses water for any special Tenant lightsother purpose Landlord, which will be replaced at Tenant’s sole cost 's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes, other than drinking, lavatory and expense)cleaning purposes, and/or steam, as the cost case may be. Tenant shall pay for the quantities of which shallcold water and hot water, other than drinking, lavatory and cleaning purposes, shown on such meters, at Landlord’s option's cast thereof, either be included in Operating Expenses for all tenants in on the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by rendition of Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays's bills therefor.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant18.04 Landlord, at its sole cost and expense, and on Tenant's request, shall make all necessary arrangements with maintain the utility company original listings on the Building directory of the names of Tenant, and the names of any of their officers and employees, provided that the names so listed shall not take up more than 7.8% of the difference between (i) total number of lines on the Building directory and (ii) ten (10). In the event Tenant shall require additional or substitute listings on the Building directory, Landlord shall, to the extent space for metering and shall pay for electric current furnished by it to Tenant such additional or substitute listing is available, maintain such listings and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities an amount equal to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges Landlord's reasonable charge for such electricity will be included in Operating Expenses. Tenant’s listings.
18.05 Tenant shall have the right to use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed sixty-six (66) parking spaces as assigned by Landlord to be Building Standard, in parking areas designated by Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including in and around the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricityBuilding. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right to cause meters assign different spaces to be installed (at Landlord’s expense) if Tenant or to designate different parking areas for Tenant's use without any liability to Tenant and Tenant agrees that any change in assignment of spaces or reassignment of parking areas shall not give rise to any claims or offset against Landlord reasonably determines that hereunder.
18.06 Landlord reserves the right, without any liability to Tenant’s use , except as otherwise expressly provided in this lease, to stop service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, Air Conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by this lease or by law to the Building’s electric linesmake or in xxxx xxxxx deems necessary, feedersby reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any change"other cause beyond Landlord's reasonable control (hereinafter collectively referred to as Landlords delay"). Landlord shall use reasonable diligence to restore the heating, failureventilating, interferenceAir Conditioning, disruptionelectric, sanitary, elevator, or defect in other building systems serving the supply Demised Premises or character of the electric energy furnished other service required to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established be provided by Landlord from time as soon as reasonably practicable after the abatement of any Landlord's delay in such a manner as to time for providing such additional minimize inconvenience, annoyance, interruption or excess servicesinjury to Tenant's business.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, by elevators serving the floors on which the Demised Premises are situated as specified and shown in the Building plans and specifications, during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times. The elevators, or any of them, may be operated by automatic control and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require Saturday or after hours service of elevators or of the loading area in the Building under such circumstances as in Landlord's reasonable judgment, will require service or attention by Landlord's personnel, Tenant shall pay Landlord, on demand, a reasonable charge attributable to such service or attention.
18.02 Provided that Tenant shall keep the Demised Premises in good order, Landlord, at its expense, shall cause the Demised Premises, including the exterior and the interior of the windows thereof (subject to Tenant maintaining unrestricted access to such windows), to be cleaned in accordance with the standards set forth in the attached Exhibit "B" (the "Cleaning Schedule"). Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings cleaning work in the vicinity Demised Premises or the Building required because of (i) misuse or neglect on the part of the ProjectTenant or its employees or visitors, including without limitation (1ii) heat use of portions of the Demised Premises for preparation, serving, or consumption of food or beverages, reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-standard building materials or finishes installed by Tenant or at its request, (v) increases in frequency or scope in any of the items set forth in Exhibit "B" as shall have been requested by Tenant, and air conditioning (b) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated daily in the routine of ordinary business office occupancy, and (ii) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to the Demised Premises and the use of Tenant's light, power and water in the Demised Premises as may be reasonably required for the comfortable occupation purpose of cleaning the Demised Premises.
18.03 Landlord, at its expense, shall furnish adequate hot and cold water for drinking, lavatory, toilet, and ordinary cleaning purposes to the plumbing fixtures of central Facilities of the Building serving the Demised Premises.
18.04 Landlord shall keep and maintain the public areas and the public facilities of the Building clean and in good order and the sidewalks adjoining the Building shall be kept in good repair and free of accumulation of snow and ice or unlawful obstructions.
18.05 Landlord, subject to its prior written approval, at its expense, and on Tenant's request, shall maintain listings on the Building directory of the names of Tenant, its organizational divisions and any other person or business entities lawfully occupying the Demised Premises during business hours; (2) access or any part thereof, and elevator service; (3) lighting replacement during business hours (for the names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's Proportionate Share of the space on the Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense)directory, the cost size of which shall, at Landlord’s option, either shall be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will The listing of any name other than that of Tenant on the Building directory or on any of the doors of the Demised Premises shall not be obligated deemed to providevest in the person or entity so listed any right or interest in this Lease or in the Demised Premises or to constitute the consent of Landlord required under Article 10, or a waiver thereof. Notwithstanding anything to the contrary herein, initial listings on the Building directory shall be at Landlord's expense, and any such services (except access and elevator service) on holidayssubsequent changes and/or additions shall be at Tenant's expense.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, 18.06 Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop, interrupt or suspend service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by law to the Building’s electric linesmake or in good xxxxx xxxxx advisable, feedersor by reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any changeother cause beyond Landlord's reasonable control, failure, interference, disruption, including Governmental restrictions on the use of materials or defect in the supply or character use of any of the electric energy furnished Building systems. In each instance Landlord shall exercise reasonable diligence to eliminate the Premisescause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, or if the supply or character when practicable, of the electrical energy supplied by commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the Electric Service Provider Demised Premises for such purpose, the provisions of Section 15.03 shall apply. Tenant shall not be entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any Alternate Service Provider (of the obligations of Tenant be affected or reduced by reason of the electric utility company selected by Tenantinterruption, if the Premises are separately metered) is no longer available stoppage or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspense of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicescauses set forth in this Section.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
LANDLORD'S OTHER SERVICES. 18.01 Landlord, at its expense, shall provide public elevator service, by elevators serving the floors on which the Demised Premises are situated as specified and shown in the Building plans and specifications, during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times. The elevators, or any of them, may be operated by automatic control and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished.
18.02 Landlord, at its expense, Monday through Friday, shall cause the Demised Premises, including the interior of the windows thereof, to be cleaned in accordance with the standards set forth in Exhibit "B" annexed hereto and hereby made a part hereof. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings cleaning work in the vicinity Demised Premises or the Building required because of (i) misuse or neglect on the part of the ProjectTenant or its employees or visitors, including without limitation (1ii) heat use of portions of the Demised Premises for preparation, serving, or consumption of food or beverages (except as permitted in Section 2.02(f), commercial reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-standard building materials or finishes installed by Tenant or at its request, (v) increases in frequency or scope in any of the items set forth in Exhibit "B" as shall have been requested by Tenant, and air conditioning (b) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated daily in the routine of ordinary business office occupancy, and (ii) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to the Demised Premises and the use of Tenant's light, power and water in the Demised Premises as may be reasonably required for the comfortable occupation purpose of cleaning the Demised Premises.
18.03 Landlord, at Tenant's expense, shall furnish adequate hot and cold water for drinking, lavatory, toilet, and ordinary cleaning purposes to the plumbing fixtures of central facilities of the Premises during business hours; (2) access Building serving the Demised Premises.
18.04 Landlord shall keep and elevator service; (3) lighting replacement during business hours (for maintain the public areas only and the public facilities of the Building standard lightsclean and in good order and the sidewalks adjoining the Building shall be kept in good repair and free of accumulation of snow and ice or unlawful obstructions.
18.05 Landlord, but not for any special Tenant lightssubject to its prior written approval, which will approval shall not be replaced unreasonably withheld or delayed, at its expense, and on Tenant’s sole cost 's request, shall maintain listings on the Building directory of the names of Tenant, its organizational divisions and expense)any other person or business entities lawfully occupying the Demised Premises or any part thereof, and the names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's Proportionate Share of the space on the Building directory, the cost size of which shall, at Landlord’s option, either shall be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will The listing of any name other than that of Tenant on the Building directory or on any of the doors of the Demised Premises shall not be obligated deemed to providevest in the person or entity so listed any right or interest in this Lease or in the Demised Premises or to constitute the consent of Landlord required under Article 10, or a waiver thereof. Notwithstanding anything to the contrary herein, initial listings on the Building directory shall be at Landlord's expense, and any such services (except access and elevator service) on holidayssubsequent changes and/or additions shall be at Tenant's expense.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, 18.06 Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop, interrupt or suspend service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by law to the Building’s electric linesmake or in good xxxxx xxxxx advisable, feedersor by reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains or incurs by reason of any changeother cause beyond Landlord's reasonable control, failure, interference, disruption, including Governmental restrictions on the use of materials or defect in the supply or character use of any of the electric energy furnished Building systems. In each instance Landlord shall exercise reasonable diligence to eliminate the Premisescause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, or if the supply or character when practicable, of the electrical energy supplied by commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the Electric Service Provider Demised Premises for such purpose, the provisions of Section 14.03 shall apply. Tenant shall not be entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any Alternate Service Provider (of the obligations of Tenant be affected or reduced by reason of the electric utility company selected by Tenantinterruption, if the Premises are separately metered) is no longer available stoppage or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspense of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed causes set forth in this Section. The abatement provisions of Section 15.05 shall apply to furnish so long as (1) Tenant gives Landlord reasonable prior written notice supply interruption or suspension of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (Synapse Group Inc)
LANDLORD'S OTHER SERVICES. (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings in the vicinity of the Project, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at 17.01. Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2Section 5.04, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours, and shall have at least one passenger elevator subject to call at all other times.
17.02. Landlord, subject to the provisions of Section 5.04, shall cause the Demised Premises, including the exterior and the interior of the windows thereof to be cleaned. Tenant shall pay to Landlord will also provide facilities to provide electrical current on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors; (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purpose areas requiring greater or more difficult cleaning work than office areas; (iii) unusual quantity of interior glass surfaces; (iv) non-building standard materials or finishes installed by Tenant or at its request; and (b) removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor, and their employees shall have after-hours access to the Demised Premises and the free use of light, power, and occupancy water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord's obligations hereunder.
17.03. Landlord, subject to the provisions of Section 5.04, shall furnish adequate hot and cold water to each floor of the PremisesBuilding for drinking, lavatory, and cleaning purposes, together with soap, towels, and toilet tissue for each lavatory. If Tenant uses water for any other purpose, Landlord, at Tenant's expense, shall install meters to measure Tenant's consumption of cold water and/or hot water for such other purposes and/or steam, as the case may be. Tenant shall pay for the quantities of cold water and hot water shown on such meters, at Landlord's cost thereof on the rendition of Landlord's bills therefor,
17.04. Landlord, at its expense, and at Tenant's request, shall insert initial listings on the Building directory of the names of Tenant, and the charges for names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's proportionate share of the space on the Building directory. All Building directory changes made at Tenant's request after the Tenant's initial listings have been placed on the Building directory shall be made by Landlord at the expense of Tenant, and Tenant agrees to promptly pay to Landlord as additional rent the cost of such electricity will be included in Operating Expenseschanges within ten (10) days after Landlord has submitted an invoice therefor.
17.05. Landlord reserves the right, without any liability to Tenant’s use , to stop service of electrical services must not exceedany of the heating, either in voltageventilating, rated capacityair conditioning, electric, sanitary, elevator, or overall load other Building systems serving the Demised Premises, or usagethe rendition of any of the other services required of Landlord under this Lease, that whenever and for so long as may be necessary, by reason of accidents, emergencies, strikes, or the making of repairs or changes which Landlord deems is required by this Lease or by law to be make or in good xxxxx xxxxx necessary, by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord's reasonable control.
17.06. Landlord shall make available for Tenant's use Tenant's Proportionate Share of parking spaces in common with other tenants of the Building Standardin the parking area adjacent to the Building.
17.07. The Building Standard overall load is deemed and the Demised Premises shall be cleaned in accordance with the Cleaning and Maintenance Schedule set forth on Exhibit D annexed hereto and made a part hereof.
17.08. Tenant acknowledges that as part of the consideration for this Lease, and in order not to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical interfere with the rights of other tenants or other tenants' quiet enjoyment of the common areas of the Building and otherwise prevent Landlord from performing its services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited without causing increases to the cost of electricity. In additionsuch services, if Tenant agrees that it shall not permit its employees to congregate in hallways or elevators, shall not permit its employees to create an unsightly condition in or about any passageway from the Premises are not separately metered for electricityBuilding or the common areas or to the parking lot/deck, Landlord reserves with regard to smoking, including the right to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use disposal of electrical services furnished by Landlord exceeds that which is customary cigarettes, in the courtyard and/or outer areas adjacent to the Building (due and will otherwise require its employees to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants act and conduct themselves in the Building. Landlord has selected common areas in such a utility company (“Electric Service Provider”) to provide electricity service for manner as will not disturb other tenants or the use and enjoyment by other tenants of the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease Agreement (I Many Inc)
LANDLORD'S OTHER SERVICES. (a) 17.01. Landlord, at its expense, shall provide public elevator service, passenger and freight, by elevators serving the floor on which the Demised Premises are situated during regular hours of business days, and shall have at least one passenger elevator subject to call at all other times. The elevators, or any of them, may be operated by automatic control and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require Saturday or after hours service of freight elevators or the loading platform under such circumstances as, in Landlord's reasonable judgment, will require service or attention by Landlord's personnel, Tenant shall pay Landlord, on demand, a reasonable charge attributable to such service or attention.
17.02. Provided that Tenant shall keep the Demised Premises in good order, Landlord, at its expense, shall cause the Demised Premises, including the exterior and the interior of the windows thereof (subject to Tenant maintaining unrestricted access to such windows), to be cleaned on business days, as defined in Section 16.01, in accordance with those services customarily provided the standards set forth in comparable office buildings Exhibit "C". Tenant will not clean, nor require, permit, suffer or allow any window in the vicinity premises to be cleaned from the outside. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (A) cleaning work in the Demised Premises or the Building required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation service, or consumption of food or beverages, reproducing operations, private lavatories or toilets or other special purposes requiring great or more difficult cleaning work than office areas, (1iii) heat unusual quantity of interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request (v) increases in frequency or scope in any of the items set forth in Exhibit "C" as shall have been requested by Tenant and air conditioning (B) removal from the Demised Premises and the Building of (i) so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated daily in the routine of ordinary business office occupancy and (ii) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to the Demised Premises and the use of Tenant's light, power and water in the Demised Premises as may be reasonably required for the comfortable occupation purpose of cleaning the Demised Premises.
17.03. Landlord, at its expense, shall furnish adequate hot and cold water to the floor(s) on which the Demised Premises are situated for drinking, lavatory, toilet, and ordinary cleaning purposes.
17.04. Landlord shall use its best efforts to keep and maintain the public areas and the public facilities of the Premises during business hours; (2) access Building clean and elevator service; (3) lighting replacement during business hours (for in good order and the sidewalks adjoining the Building standard lightsin good repair and free of accumulation of snow and ice or unlawful obstructions.
17.05. Landlord, but not for any special Tenant lights, which will be replaced subject to its prior written approval and at Tenant’s sole cost 's expense, and expense)on Tenant's request, shall maintain listings on the Building directory of the names of Tenant, its organizational divisions and any other person or business entities lawfully occupying the Demised Premises or any part thereof, and the names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant's Proportionate Share of the space on the Building directory, the cost size of which shall, at Landlord’s option, either shall be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will The listing of any name other than that of Tenant on the Building directory or on any of the doors of the Demised Premises shall not be obligated deemed to providevest in the person or entity so listed any right or interest in the Lease or in the Demised Premises or to constitute the consent of Landlord required under Article 8, any such services (except access and elevator service) on holidaysor a waiver thereof.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant, at its sole cost and expense, shall make all necessary arrangements with the utility company for metering and shall pay for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof17.06. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease to be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use stop, interrupt or suspend service of electrical services furnished by Landlord exceeds that which is customary in any of the heating, ventilating, air-conditioning, electric, sanitary, elevator or other Building (due to excessive use outside of Normal Building Hourssystems serving the Demised Premises, or otherwise)the rendition of any of the other services required of Landlord under this Lease, in which case Tenant will also pay whenever and for such electrical usage so long as Landlord reasonably determines to may be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by this Lease or by law to the Building’s electric linesmake or in good xxxxx xxxxx advisable, feedersor by reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider supplies or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any changeother cause beyond Landlord's reasonable control, failure, interference, disruption, including Governmental restrictions on the use of materials or defect in the supply or character use of any of the electric energy furnished Building systems. In each instance Landlord shall exercise reasonable diligence to eliminate the Premisescause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, or if the supply or character when practicable, of the electrical energy supplied by commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the Electric Service Provider Demised Premises for such purpose the provisions of Section 14.03 shall apply. Tenant shall not be entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any Alternate Service Provider (of the obligations of Tenant be affected or reduced by reason of the electric utility company selected by Tenantinterruption, if the Premises are separately metered) is no longer available stoppage or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspension of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicescauses set forth in this Section.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (RSL Communications PLC)
LANDLORD'S OTHER SERVICES. 18.1 Landlord, at its expense, shall provide public elevator service, passenger and service, by elevators serving the floor on which the Demised Premises are situated during Regular Hours of Business Days, and shall have at least one passenger elevator subject to call at all other times including non-Business Days.
18.2 Landlord, at its expense, shall cause the Demised Premises, including the exterior and the interior of the windows thereof, to be cleaned. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) Landlord shall furnish the Premises with those services customarily provided in comparable office buildings extra cleaning work in the vicinity Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the ProjectDemised Premises for preparation, including without limitation serving or consumption of food or beverages, data processing or reproducing operations in excess of customary office operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (1iii) heat unusual quantity of interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request, (b) removal from the Demised Premises and air conditioning the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy, and (c) cleaning services used by Tenant on days other than Business Days. Landlord, its cleaning contractor and their employees shall have After Hours access to the Demised Premises and the use (at Tenant's expense) of light, power and water in the Demised Premises as reasonably required for the comfortable occupation purpose of cleaning the Demised Premises during business hours; (2) access and elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced at Tenant’s sole cost and expense), the cost of which shall, at in accordance with Landlord’s option, either be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequency, as determined by Landlord; and (6) cleaning service 5 days per week. Landlord may, but will not be obligated to provide, any such services (except access and elevator service) on holidays's obligations hereunder.
(b) If the Premises are separately metered for electricity, Landlord shall not provide electricity for lighting, receptacles and outlets or incidental uses in the Premises; and Tenant18.3 Landlord, at its sole cost and expense, shall make all necessary arrangements with furnish adequate hot and cold water to the utility company floors on which the Demised Premises are located, for metering drinking, lavatory and shall pay cleaning purposes. If Tenant uses water for electric current furnished by it any other purpose Landlord, at Tenant's expense, may install meters to Tenant and measure Tenant's consumption of water and/or steam, as the case may be. Tenant shall pay for all charges for electric current consumed the quantities of water and/or steam shown on such meters, at Landlord's cost thereof, on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions rendition of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy of the Premises, and the charges for such electricity will be included in Operating Expenses. Tenant’s use of electrical services must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord's bills therefor.
18.4 Landlord reserves the right right, without any liability to cause meters Tenant, except as otherwise expressly provided in this Lease, to stop service of any of the heating, ventilating, air-conditioning, electric, sanitary, steam, elevator or other Building systems serving the Demised Premises or the rendition of any of the other services required of Landlord under this Lease, whenever and for so long as may be installed (at Landlord’s expense) if Landlord reasonably determines that Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, and will have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlordby reason of accidents, Electric Service Provideremergencies, and any Alternate Service Provider reasonable access strikes or the making of repairs or changes which Landlord is required by this Lease or by law to the Building’s electric linesmake or in good xxxxx xxxxx necessary, feedersby reason of difficulty in securing proper supplies of fuel, riserssteam, wiringwater, and any other machinery within the Premises. If the Premises are not separately metered for electricity, then Tenant will obtain all of its electricity for the Premises from Landlord or, if the Premises are separately metered, from the Electric Service Provider labor or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will not be liable or responsible for any loss, damagesupplies, or expense that Tenant sustains by governmental restriction or incurs by reason of any change, failure, interference, disruption, or defect other cause beyond Landlord's reasonable control including those events enumerated in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the LeaseSection 16.7 as not being within Landlord's control.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the services described in Article 13.2(a)(1) and (2) in excess of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess services.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
Samples: Lease (Merit Behavioral Care Corp)
LANDLORD'S OTHER SERVICES. (a) 9.01 Landlord shall furnish provide public elevator service to the floor(s) on which the Demised Premises with those services customarily provided in comparable office buildings in the vicinity of the Projectare situated during Regular Business Hours, including without limitation (1) heat and air conditioning reasonably required for the comfortable occupation of the Premises during business hours; (2) access and shall have at least one elevator service; (3) lighting replacement during business hours (for Building standard lights, but not for any special Tenant lights, which will be replaced subject to call at Tenant’s sole cost and expenseall other times. The elevator(s), the cost or any or all of which shallthem, at Landlord’s optionif more than one, either may be included in Operating Expenses for all tenants in the Building or separately billed to each tenant in the Building; (4) restroom supplies; (5) window washing with reasonable frequencyoperated by automatic control and/or by manual control, as determined by Landlord; and (6) cleaning service 5 days per weekLandlord shall determine at any time or from time to time. Landlord may, but will shall not be obligated to providefurnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require after hours service of elevator(s) or of the loading area in the Building under such circumstances as, any in Landlord’s reasonable judgment, will require service or attention by Landlord’s personnel, Tenant shall pay Landlord, on demand, a reasonable charge attributable to such services (except access and service or attention. Notwithstanding the foregoing, Tenant shall not be obligated to pay for overtime freight elevator service) on holidaysusage in connection with its initial move into the Demised Premises.
9.02 Landlord shall provide cleaning services for the Demised Premises and the Building after Regular Business Hours in accordance with Exhibit “D” annexed hereto and made a part hereof. If Tenant requires additional cleaning services or cleaning services during Regular Business Hours, Tenant shall either cause the Demised Premises to be cleaned by its own employees or by contracting with the cleaning service used by the Landlord to clean the Building, with the same expiration date on said contract as the expiration date of Landlord’s contract with the cleaning service. Tenant shall be required to maintain the Demised Premises in accordance with the standards set forth in Exhibit D annexed hereto and made a part hereof.
9.03 Notwithstanding the provisions of Section 9.02, Tenant will not clean, nor require, permit or allow any window in the premises to be cleaned from the outside. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) cleaning work in the Demised Premises or the Building required because of misuse or neglect on the part of Tenant or its employees or visitors and (b) If removal from the Demised Premises are separately metered for electricity, Landlord and the Building of (i) so much of any refuse and rubbish of Tenant as shall not provide electricity for lighting, receptacles and outlets or incidental uses exceed that properly accumulated daily in the Premises; routine or ordinary business office and (ii) all of the refuse and rubbish of Tenant’s machines and the refuse and rubbish of any other eating facilities requiring special handling (known as “wet garbage”). Extraordinary waste (such as crates, cartons, boxes, etc. and used furniture or equipment) shall be removed from the Building by Tenant at Tenant’s own cost and expense. At no time shall Tenant place any waste of any kind in any public areas. If Tenant does so, the parties agree that everything so placed shall be deemed abandoned and of no value to Tenant and Landlord may have the same removed and disposed of at Tenant’s expense. Such expenses shall be deemed additional rent payable by Tenant within ten (10) days after being billed therefore. This remedy is in addition to any other remedies Landlord may have under this lease.
9.04 Landlord, at its sole cost and expense, shall make all necessary arrangements furnish adequate hot and cold water at ordinary lavatory temperature to each floor of the Building for drinking, lavatory, and cleaning purposes, together with soap, towels and toilet tissue for each lavatory. If Tenant uses water for any other purpose Landlord, at Tenant’s expense, may install meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes and/or steam, as the utility company for metering and shall pay for electric current furnished by it to Tenant and case may be. Tenant shall pay for all charges for electric current consumed the quantities of cold water and hot water shown on such bills therefor. In connection with permitted kitchen use, the amount of hot water demand shall not exceed the excess Building design capacity.
9.05 Landlord, at its own expense, and at Tenant’s request, shall insert initial listings on the Premises during Tenant’s occupancy thereof. If the Premises are not separately metered, then, subject to the provisions of this Article 13.2, Landlord will also provide facilities to provide electrical current required by Tenant in its use and occupancy Building Directory of the Premisesnames of Tenant, and any affiliate, and the charges for names of any of their officers and employees, provided that the names so listed shall not take up more than Tenant’s proportionate share of the space on the Building Directory. All Building Directory changes made at Tenant’s request after the Tenant’s initial listings have been placed on the Building Directory shall be made by Landlord at the expense of Tenant, and Tenant agrees to promptly pay to Landlord as additional rent the cost of such electricity changes within ten (10) days after Landlord has submitted an invoice therefore.
9.06 With respect to parking of vehicles (if parking is provided under Article 1 hereof):
A. Landlord represents that throughout the Term there will be included a paved, illuminated parking area for the Building with the number of Parking Spaces specified in Operating ExpensesArticle 1. (The existing parking area is not adjacent to the Building.) If Landlord so elects, Tenant shall require its personnel and visitors to park their vehicles only in Parking Spaces designated by Landlord for Tenant’s use of electrical services must not exceedfor its personnel and visitors on a “first come, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standardfirst served” basis. The Building Standard overall load is deemed to be 4.0 xxxxx per rentable square foot. If Tenant requests that it be allowed to consume electrical services in excess of that deemed by Landlord to be Building Standard, Landlord may refuse to consent to usage or may consent upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant’s expense) and Tenant will pay all costs and expenses thereby incurred, including but not limited to the cost of electricity. In addition, if the Premises are not separately metered for electricity, Landlord reserves the right at all times to cause meters to be installed (at Landlord’s expense) if Landlord reasonably determines that redesignate such Parking spaces. Tenant’s use of electrical services furnished by Landlord exceeds that which is customary in the Building (due to excessive use outside of Normal Building Hours, or otherwise), in which case Tenant will also pay for such electrical usage as Landlord reasonably determines to be in excess of that which is customary for tenants in the Building. Landlord has selected a utility company (“Electric Service Provider”) to provide electricity service for the Building, its personnel and will have the right visitors shall not at any time and from time to time during park any trucks or delivery vehicles in any of the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, parking areas.
B. All Parking Spaces and any other machinery within the Premises. If the Premises are not separately metered for electricityparking areas used by Tenant, then Tenant its personnel and visitors will obtain all of its electricity for the Premises from be at their own risk, and Landlord or, if the Premises are separately metered, from the Electric Service Provider or Alternate Service Provider or such other reputable electric utility company selected by Tenant and reasonably approved by Landlord. Landlord will shall not be liable or responsible for any loss, damageinjury to person or property, or expense for loss or damage to any automobile or its contents, resulting from theft, collision, vandalism or any other cause whatsoever.
C. Tenant shall agree to all requests by Landlord that Tenant sustains and its employees and visitors remove their vehicles from the Parking Spaces to another location within the parking area or incurs to another parking area provided by Landlord at reasonable periods for purposes of cleaning and maintenance of such spaces or as required for purposes of snow removal, provided that Landlord will perform such cleaning, maintenance and snow removal and make such Parking Spaces available to Tenant and its employees and visitors as promptly as possible.
9.07 Landlord shall keep and maintain the public areas and the public facilities of the Building and the grounds clean and in good order, and the sidewalks and parking areas adjoining the Building shall be kept free of accumulation of snow and ice (except any overnight parking area) or unlawful obstruction.
9.08 Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to stop, interrupt or suspend service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or the rendition of any other services required of Landlord under this Lease, whenever and for so long as may be necessary, by reason of any changeaccidents, failureemergencies, interference, disruptionthe making of repairs or changes which Landlord is required by this Lease or by law to make or in good xxxxx xxxxx advisable, or defect in by reason of Unavoidable Delays. In each instance Landlord shall exercise reasonable diligence to eliminate the supply or character cause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, when practicable, of the electric energy furnished commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the PremisesDemised Premises for such purpose, the provision of Section 14.03 “shall apply. Tenant shall not be entitled to any diminution or if the supply abatement of rent or character other compensation nor shall this Lease or any of the electrical energy supplied obligations of Tenant be affected or reduced by reason of the Electric Service Provider interruption, stoppage or any Alternate Service Provider (or by the electric utility company selected by Tenant, if the Premises are separately metered) is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution suspension of rent, or relieve Tenant from any of its obligations under the Lease.
(c) Tenant will have the right to purchase for use during business hours and non-business hours the Building systems or services described in Article 13.2(a)(1) and (2) in excess arising out of the amounts Landlord has agreed to furnish so long as (1) Tenant gives Landlord reasonable prior written notice of its desire to do so; (2) the excess services are reasonably available to Landlord and to the Premises; and (3) Tenant pays as Additional Rent (at the time the next payment of Base Rent is due) the cost of such excess service from time to time charged by Landlord; subject to the procedures established by Landlord from time to time for providing such additional or excess servicescauses set forth in this Section.
(d) The term “business hours” means 8:00 a.m. to 6:00 p.m. on Monday through Friday, except holidays (as that term is defined below), and 8:00 a.m. to 2:00 p.m. on Saturdays, except holidays. The term “holidays” means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Appears in 1 contract
