LANDLORD'S SERVICES. 6.01. Landlord shall: (a) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building; (b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith; (c) provide sufficient elevator service for reasonable access to the Demised Premises; (d) furnish reasonable janitorial services for the Demised Premises; (e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease; (f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and (g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense 6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord. 6.03. If, in Landlord's opinion, any Tenant shall: (a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and (b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord. (c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 3 contracts
Samples: Lease (Bti Telecom Corp), Lease (Bti Telecom Corp), Lease (Bti Telecom Corp)
LANDLORD'S SERVICES. 6.01. Landlord shallProvided Tenant is not in default hereunder and is occupying a substantial portion of the Premises, Landlord, at Xxxxxxxx's expense (but subject to the reimbursement provisions of Article 5 and except as otherwise provided in this Lease) shall furnish to Tenant the following services:
(a) maintain Air-conditioning and central heat at such temperatures and in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of such amounts as are reasonably considered by Landlord to be standard for the Building;, during normal business hours for the Building as set forth in the Rules and Regulations attached as Exhibit "E" hereto.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available Janitorial cleaning services in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation Premises and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation public and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby exterior portions of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant all days, except Saturdays, Sundays and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenantholidays; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failurefloor covering or other improvements are other than Building Standard, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal additional cleaning cost to attributable thereto as additional Rent upon presentation of a statement therefor by Landlord.
(c) No action Hot and cold water at those points of supply provided for general use of other tenants in the Building.
(d) Normal and customary routine maintenance for all public, structural, and exterior portions of the Project according to Landlord's standards.
(e) Electric lighting service for all public portions of the Project in the manner and to the extent reasonably deemed by Landlord to be standard for comparable buildings in the market area.
(f) Automatic passenger elevator service for access to and egress from the Premises. Freight elevator service, in common with other tenants, shall be provided during reasonable business hours as prescribed by Landlord, exclusive of Saturdays, Sundays, and holidays. Landlord may reduce the number of elevators operating outside of business hours.
(g) All Building Standard fluorescent bulb replacement in all common and public areas, toilet and restroom areas and stairwells.
(h) Electrical facilities to furnish sufficient power for typewriters, calculating machines and other machines of similar low electrical consumption (total electrical power requirement not to exceed one watt per square foot of rentable area); but not including electricity required for electronic data processing equipment, special lighting in excess of Building Standard, and any other item of electrical equipment, the electrical power equipment of which (singly) is more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than 120 volts single phase; and provided that Landlord shall not be obligated to provide (unless otherwise specifically agreed upon in writing) dedicated circuits or electrical power in excess of Building Standard and provided that if the installation of said electrical equipment requires additional air conditioning capacity above that provided by the Building Standard system, then the additional air conditioning installation and operating costs will be taken the obligation of Tenant. Landlord, at its option, may cause a water meter, electric current meter or such similar device to be installed on the Premises so as to measure the amount of water and electric current consumed by Tenant. The cost of any such meters and of the installation, maintenance and repair thereof shall be paid for by Xxxxxx and Xxxxxx agrees to pay to Landlord, promptly upon demand by Landlord, for all such excess water and electric expense incurred. If a separate meter is not installed or Landlord under Section 6.03(ais prevented from installing a separate meter by operation of law or other cause beyond Landlord's control, such excess costs for such water and electric current will be established by an estimate made by the utility company, electrical engineer, or an independent consultant, which estimate shall be binding on Tenant.
(i) or 6.03Security services as Landlord may from time to time reasonably deem to be standard for comparable buildings in the market area. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICACY OF ANY SUCH SECURITY PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT AND THAT TENANT IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY SUCH SECURITY PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT OR CONTROL, OR APPREHEND ANYONE SUSPECTED OF, PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
LANDLORD'S SERVICES. 6.01. 16.01 Landlord shall:
agrees to furnish to the Demised Premises and/or Building, as applicable, at no additional charge (unless otherwise provided for in this Lease) the following utilities and services: (a) maintain in hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest control when necessary which Tenant shall be required to pay as additional rent (at Landlord’s reasonable condition and repair cost therefor); (c) janitorial services for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
; (bd) furnish reasonable amounts elevator and freight elevator (at such time as the Building has a freight elevator) service; provided, however, that use of heat the freight elevator must be scheduled in advance with Landlord’s representative; (e) heating and air-conditioning at all times during the heating and air-conditioning seasons, respectively, Tenant to have full control of HVAC system; and (.HVAC.f) access to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basishours per day, but Tenant seven (7) days per week during the Term. Additionally, Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and in good order and condition. Tenant, shall be responsible for all installation cleaning the Demised Premises and energy costs associated therewith;for the removal of any rubbish from the Demised Premises. Tenant shall deposit any rubbish in a street location to be designated by Landlord. Tenant shall be solely responsible for the maintenance of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure of the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement of the HVAC system or the enforcement of any existing warranty.
16.02 Landlord shall maintain the name of Tenant or any permitted subtenant 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 (cas determined by Landlord, in its reasonable discretion) provide sufficient elevator service for reasonable access maintain such listings. Tenant or any permitted subtenant shall have the right to place a sign on the main entrance to the Demised Premises and in the elevator lobby on any whole floor of the Building that it occupies, subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing Landlord’s consent shall not be required should Tenant install signage substantially similar to that which Tenant has (with Landlord’s prior approval) already installed on the third floor of the Building.
16.03 Landlord reserves the right, without any liability to Tenant, to stop service of any of the sanitary, elevator or other Building systems serving the Demised Premises;
(d) furnish , 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 janitorial control. Notwithstanding the foregoing, if Tenant’s use of the systems, utilities and services for the Demised Premises;
Premises are materially interfered with for five (e5) furnish a reasonable amount of electricity for normal office use in the days such that Tenant is precluded from using Demised Premises; however, Landlord's agreement Rent and Additional Rent and any other applicable charges thereafter shall xxxxx until such material interference ceases. In all events, Landlord shall use commercially reasonable efforts to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by minimize any interference with Tenant’s business and to resolve the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long factors giving rise to the delay or interruption as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l expeditiously as possible.
16.04 For purposes of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant Article 16 and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted as otherwise applicable under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and unless the context otherwise within thirty (30) consecutive days after specifies or requires, the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period following terms shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within have the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shallmeanings herein specified:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain Landlord will provide, after the term of this Lease shall have commenced the following services to the Premises in reasonable condition the manner hereinafter more particularly set forth: (i) heat, ventilation and repair air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at any time during the roofterm of this Lease elect to provide its own cleaning service with respect to the Premises, foundationin which event Tenant shall be entitled to a reduction in Fixed Rent (the “Cleaning Cost Reduction”) from and after the effective date of such election by Tenant equal to (x) the number of rentable square feet contained in the Premises, structuremultiplied by (y) the cost which would have been incurred by Landlord on a per rentable square foot basis to provide cleaning services to the Premises in accordance with the provisions of Exhibit J annexed hereto under the cleaning contract with an independent cleaning contractor unaffiliated with Landlord covering the remaining office portions of the Building to which Landlord (or a Landlord Affiliate) is providing cleaning services, infrastructureor if no such contract is in effect, utilitiesthe prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, HVACat no cost to Tenant, other Building operating connections to the Building’s life safety systems, exterior and common areas but the actual cost (without profit or markup) to physically make such connections shall be at Tenant’s Cost. Any dispute between the parties as to the amount of the Building;Cleaning Cost Reduction, if applicable, may be submitted by either party to arbitration in accordance with the provisions of Article 35 hereof. Notwithstanding the provisions of this Section 15.01(a) to the contrary, if Tenant elects to provide its own cleaning service with respect to the Premises, Tenant agrees that (i) Tenant shall not exercise such rights in a manner which would create any work stoppage at the Building and (ii) notwithstanding the provisions of Exhibit J, if Tenant elects to provide its own cleaning service as provided in this Section 15.01(a), Tenant shall not perform any cleaning outside the Premises and the Cleaning Cost Reduction shall not include any amount attributable to cleaning outside of the Premises.
(b) furnish reasonable amounts of heat As used herein, the terms “Business Hours” and air-conditioning (.HVAC.) to “Business Days” shall have the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available meanings set forth in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by LandlordDeclaration.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 2 contracts
Samples: Operating Agreement (New York Times Co), Operating Agreement (New York Times Co)
LANDLORD'S SERVICES. 6.01. So long as Tenant is not in default under any of the provisions of this Lease beyond the expiration of any applicable notice and cure periods, Landlord shall:shall provide the following services (“Landlord’s Services”):
(a) maintain Heating and cooling, except as expressly provided for in reasonable condition Section 6.2 of this Lease, during Business Hours, subject to curtailment as required by governmental laws, rules or mandatory regulations, at such temperatures and repair in such amounts as are reasonably deemed by Landlord to be in keeping with the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas first class standards of the Building;. Heating and cooling shall be provided only when weather conditions require.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) Sufficient electrical capacity, subject to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysterms of Article 9 of this Lease, to operate incandescent lights, typewriters, calculating machines, photocopying machines, personal computers, servers and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestworkstations and other machines of similar low voltage electrical consumption, but Landlord makes no further representation with regard to the nature or character of electrical capacity or service to the Premises. After hours HVAC The design and installation of any additional electrical equipment (or any related sub-meter) required by Tenant shall be provided subject to the prior approval of Landlord (which approval shall be in Landlord’s exclusive discretion). All actual out-of-pocket expenses incurred by Landlord upon request in connection with the review and approval of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne any additional electrical equipment shall also be reimbursed to Landlord by Tenant. Irrespective Tenant shall also pay within twenty (20) days after demand, the actual metered cost of electricity consumed through the additional electrical equipment (if applicable), plus any actual out of pocket accounting expenses incurred by Landlord in connection with the metering thereof.
(c) Cleaning services to the Leased Premises and the Building as set forth in Exhibit “C” annexed hereto. Tenant shall pay to Landlord the cost of removal from the Building of any of Tenant’s refuse and rubbish which exceeds the refuse and rubbish usually attendant upon the use of such premises for general office purposes.
(d) Hot and cold water for use in lavatories in common with other tenants from the regular supply of the foregoingBuilding, as to each whole floor occupied by Tenantand hot and cold water for pantry use, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available extent Landlord approves the installation of a pantry in the Building Leased Premises.
(e) Non-exclusive multiple cab passenger elevator service to permit Tenant the Leased Premises during Business Hours and at least one (1) cab passenger service to obtain supplemental air conditioning on a the Leased Premises twenty-four (24) hour basishours per day and non-exclusive freight elevator service during Business Hours (all subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems) with such freight elevator service available at other times upon reasonable prior notice and the payment by Tenant to Landlord of any additional expense actually incurred by Landlord in connection therewith at Building standard rates, but and non-exclusive passenger and freight elevator service during Tenant’s move into and out of the Leased Premises, which use shall be scheduled in advance with Landlord. Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient entitled to 100 hours of freight elevator service during non-Business Hours free of Landlord’s customary charges for reasonable access to such service, for use during the Demised Premises;
(d) furnish reasonable janitorial services for performance of the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation Initial Work and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or CTenant’s move-l of this Lease;in.
(f) furnish in the first floor lobby Electric lighting service for all public areas and special service areas of the Building a directory of in the firm or business names of tenants manner and to the extent reasonably deemed by Landlord to be in keeping with the first class standards of the Building: and, and all bulb replacement in the Common Areas.
(g) provide access If Tenant requires air-conditioning or heat beyond Business Hours, Landlord will furnish such air-conditioning or heat, provided Tenant gives Landlord’s agent sufficient advance notice of such requirement (which notice need not comply with Article 22 of this Lease) and Tenant agrees to hookups pay for the cost of such extra service in accordance with Landlord’s then current schedule of costs and assessments for the Building, currently $100.00 per hour. To the extent the services described above require electricity and water supplied by the public utilities, Landlord’s covenants thereunder shall only impose on Landlord the obligation to use its good faith, reasonable efforts to cause the applicable public utilities to furnish the same. Failure by Landlord to furnish the services described in this Article 8, or any public cessation thereof, shall not render Landlord liable for damages to either person or private right-of-ways adjacent property, nor to be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. In addition to the Land foregoing, should any of the equipment or machinery, for utilities any cause, fail to operate, or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04)function properly, Tenant shall give Landlord notice specifying have no claim for abatement or rebate of Rent or damages on account of an interruption in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Leaseservice occasioned thereby or resulting therefrom, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that that, in the event of an interruption of any service set forth in this Article 8, if such interruption is due to the Demised Premises is not supplied with utilities required gross negligence or willful misconduct of Landlord or its agents, servants, employees, contractors or licensees, and Landlord fails to commence remedying the interruption within ten (10) business days after notice from Tenant and diligently pursue such remedy to completion, then Tenant shall be entitled to an abatement of Base Rent on a day-for-day basis for each day which the interruption continues after the tenth (10th) business day after the effective date of Tenant’s notice pursuant to this Section. In the terms of further event that Landlord fails to commence remedying the interruption within ten (10) business days after notice from Tenant pursuant to this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failureSection, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No deliver a further notice to Landlord, and, after the tenth (10th) business day after such termination shall relieve notice is effective, if Landlord of its obligations under has still not commenced remedying the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial serviceinterruption, Tenant on demand shall pay the removal cost may avail itself of self-help to Landlordremedy such interruption.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 2 contracts
Samples: Lease Agreement (Vitamin Shoppe, Inc.), Lease Agreement (Vitamin Shoppe, Inc.)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain Landlord shall furnish at no additional cost to Tenant, but all costs and expenses incurred by Landlord in reasonable condition connection with providing said services shall be included in Landlord’s Operating Costs: (i) heat and repair air conditioning required for the roofcomfortable occupancy of the Demised Premises, foundationbetween 8:00 A.M. and 6:00 P.M. Monday through Friday, structureand Saturday 9:00 A.M. to 1:00 P.M., infrastructureexcluding Holidays (see Exhibit E for “Holiday Schedule”); (ii) electricity to the Demised Premises for Tenant’s office use, utilitiesincluding lighting and electrical outlets for equipment; (iii) access and elevator service to the Demised Premises at all times, HVACincluding one weekend elevator; (iv) restroom supplies (Common Area restrooms only); (v) cleaning services as set forth in the Building Janitorial Specifications (annexed hereto as Exhibit D) on weekdays, excluding Holidays, (vi) removal of ice, snow and debris from the Common Areas, including, but not limited to, walkways, Parking Areas, parking lots, and other paved surfaces; (vii) landscaping maintenance and services for all plants, shrubs, flower beds and grounds located in both the interior and exterior of the Building and the Common Areas; (viii) access to the Building, Common Areas and Demised Premises twenty-four (24) hours per day, seven (7) days per week; (ix) hot and cold water to the Demised Premises in quantities customary for office usage for drinking, pantry, cleaning and lavatory purposes, toilet facilities and sewerage services; and (x) such other services as Landlord may set forth from time to time. Landlord shall have the right to reasonably modify the terms and/or frequency of the services provided Landlord gives at least five (5) business days’ notice of any changes, so long as such changes do not materially interfere with or materially disrupt the Tenant’s access or use of the Demised Premises as contemplated in this Lease or require the Tenant to incur any costs. The following temperature ranges per BMS controlled existing heat pump HVAC system shall be maintained in the Building and the Demised Premises during standard Building operating systemshours in accordance with regional best practices; (i) 69-74 degrees Fahrenheit during the summer when the outside temperature remains below 95 degrees Fahrenheit, exterior (ii) 69-74 degrees Fahrenheit during the winter when the outside temperature remains above 10 degrees Fahrenheit, and common areas of (iii) 69-74 degrees Fahrenheit during the Building;spring and fall when the outside temperature remains below 95 degrees Fahrenheit and above 10 degrees Fahrenheit.
(b) furnish reasonable amounts Subject to the last sentence of heat and air-Section 8.01(a) above, Tenant shall have the right to use the Demised Premises at all times. If Tenant shall require heating, venting or air conditioning (.HVAC“HVAC”) beyond the Building hours and days of operation described above (“After Hours Use”), then Tenant shall provide reasonable notice to Landlord and Landlord shall furnish HVAC upon the express condition that Tenant shall be responsible for the costs of any and all HVAC and Building Services required and attributable to such After Hours Use. The cost for After Hours Use of HVAC is charged at the rate of $75.00 per hour, subject, however, to adjustment by the difference between the cost of delivery of electricity as of the date of this Lease and any increases in the costs thereof that may occur from time to time. Payment for After Hours Use of services shall be deemed Additional Rent and shall be paid to Landlord monthly, together with Base Rent. Landlord shall not charge Tenant for the cost of any security services which are currently being provided.
(c) Landlord, as part of the Operating Costs, shall maintain and provide services to the Land and Common Area, including lobbies, stairs, elevators, corridors, restrooms, and Parking Areas.
(d) Landlord shall not be liable for any damages caused by interruption of services due to repair, inspection or causes beyond its reasonable control, including any interruption of utility services. Landlord shall use reasonable efforts to remedy any interruption in furnishing of services and utilities. Tenant shall continue to be responsible for payment of Rent during any period of such interruption. If the interruption of services does not allow Tenant to comfortably use or occupy the Demised Premises in the normal course for a period of five (5) consecutive business days due to any wrongful act or omission of Landlord or any of Landlord’s agents, then the Rent hereunder shall be equitably abated (prorated based on the proportion of the Demised Premises not receiving the services) from the first day of the interruption of services until such time as either the services are restored or Tenant uses or occupies the Demised Premises. Such interruption of services shall be defined as (i) insufficient electrical service to the Demised Premises, (ii) inability to provide access to the Demised Premises from 8:00 a.m. until 6:00 p.m. via at least one (1) elevator, (iii) inability to access lavatories on Monday the floor of the Demised Premises or on an adjacent floor, or (iv) insufficient HVAC such that the Demised Premises cannot be occupied except under conditions of “extreme discomfort” for the occupants.
(e) Wherever heat-generating machines or equipment which exceed the Electric Capacity are used by Tenant in the Demised Premises which adversely affect the temperature otherwise maintained by the air conditioning system servicing the Demised Premises (other than types or amounts typically found in general offices similar in size and location as the Demised Premises not in excess of the Electric Capacity), Landlord reserves the right, following notice to Tenant (including Landlord providing reasonable evidence substantiating the foregoing) and Tenant’s failure to remove such machines or equipment within ten (10) business days of such notice, to install supplementary air conditioning units in or for the benefit of the Demised Premises and the reasonable cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within thirty (30) days after written demand for payment, as Additional Rent.
(f) Tenant will not, without the written consent of Landlord, use any apparatus or device in the Demised Premises, including but not limited to, electronic data processing machines and machines using current in excess of the Electric Capacity, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Demised Premises for normal office use, nor connect with electric current, except through Friday except holidaysexisting electrical outlets in the Demised Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Demised Premises as normal office use, in Landlord’s reasonable opinion, Landlord may, following notice to Tenant (including Landlord providing reasonable evidence substantiating the foregoing) and Tenant’s failure to stop such excessive use of electric or water within ten (10) business days of such notice, Tenant shall procure the prior written consent of Landlord for the use thereof, which consent shall not be unreasonably withheld or delayed, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestif Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. After hours HVAC The reasonable cost of any such meters shall be provided paid for by Tenant as Additional Rent. Tenant agrees to pay as Additional Rent to Landlord upon request promptly within thirty (30) days after written demand for payment, the reasonable cost of Tenantall such excess water and electric current consumed (as shown by said meters, so long as all costs of providing such after hours serviceif any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, are borne by Tenant. Irrespective as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first water and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld electric current so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordconsumed.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 2 contracts
Samples: Lease Agreement (Agile Therapeutics Inc), Lease Agreement (Agile Therapeutics Inc)
LANDLORD'S SERVICES. 6.01. 7.1 Landlord shallcovenants and agrees that it will provide the following services, the cost of which shall be included in Operating Expenses:
(a) maintain in reasonable condition and repair keep the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, the exterior walls and common areas roof of the BuildingDemised Premises in good repair;
(b) furnish reasonable amounts of provide heat and air-air conditioning (.HVAC.) to maintain the Demised Premises from at a reasonably comfortable temperature between the hours of 8:00 a.m. until and 6:00 p.m. on p.m., Monday through Friday except holidaysof each week, and 8:00 a.m. and 1:00 p.m. on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestSaturday of each week, except holidays recognized by the United States Government. After Landlord shall endeavor to provide HVAC during hours HVAC shall be provided by Landlord other than the hours of full operation of the Building, upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a least twenty-four (24) hour basis, but hours prior to the time Tenant shall be responsible desires such service. Tenant agrees to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for all installation the proper functioning and energy costs associated therewithprotection of the HVAC equipment and to pay the cost of any damage resulting from Tenant's failure to comply with the foregoing provisions;
(c) provide sufficient elevator service electricity for lighting purposes and operation of ordinary office equipment, excluding, however, computers other than personal computers, and other equipment requiring heavier than normal office use of electricity. Within fifteen (15) days from the date of this Lease, Tenant shall submit to Landlord its list of office equipment. Within fifteen (15) days from receipt of such list, Landlord shall inform Tenant whether Landlord, in its reasonable access to discretion, has determined that such equipment satisfies the Demised Premises;requirements of this Section 7.1(c).
(d) furnish reasonable janitorial provide janitor services Monday through Friday of each week, except holidays recognized by the United States Government, it being understood and agreed, however, that Landlord shall not be liable in any way for any damage or inconvenience caused by the Demised Premises;cessation or interruption of such heating, air conditioning, electricity, elevator, janitor services occasioned by fire, accident, strikes, necessary maintenance, alterations, or repairs, or other causes beyond Landlord's control. It is understood that employees of Landlord are prohibited as such from receiving any packages or other articles delivered to the Building for Tenant and that, should any such employee receive any such packages or articles, he or she in so doing shall be the agent of Tenant and not of Landlord.
(e) furnish a reasonable amount provide hot and cold water and lavatory supplies, it being understood and agreed that hot and cold water shall be furnished by Landlord only at those points of electricity supply provided for normal office general use of other tenants in the Demised Premises; however, LandlordBuilding as well as to Tenant's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Leasekitchen;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: andprovide automatically operated elevator service at all times;
(g) provide access to hookups to list the Tenant's trade name on the Building directory located in the entrance lobby.
7.2 In the event any public or private right-of-ways adjacent to the Land for utilities utility company supplying energy, water, sewer or other communications systems available to utility, or governmental law, regulation, executive or administrative order requires that Landlord or Tenant reduce or maintain at a certain level the consumption of a utility and accessible such requirement affects the HVAC, light, use of or hours of operation of the premises or Building, Landlord and Tenant shall each adhere to and abide by said laws, regulations or executive orders without any reduction in Rent.
7.3 Failure by Landlord to any extent to furnish the above described services, or any cessation thereof, shall not render Landlord liable for damages to either person or property, nor be construed as an eviction of Tenant, nor give Tenant the right to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, unless such failure to provide services is a result of the gross negligence of Landlord or Landlord's agents. Should any of the Building equipment or machinery break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly, and Tenant shall have no claim for an abatement of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom.
7.4 Landlord shall not be required to make any repairs occasioned by air the act or underground at negligence of Tenant, its agents, employees, subtenants, licensees and concessionaires, which repairs shall be made by Tenant. In the event that the Demised Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord and Landlord shall not be responsible in any way for failure to make such repairs until a reasonable time shall [GRAPHIC OMITTED]have elapsed after delivery of such written notice. Landlord's obligation hereunder is limited to repairs specified in this article only, and Landlord shall have no liability for any damages or injury arising out of any condition or occurrence causing a need for such repairs. The cost of such repairs and maintenance shall be included in the Operating Expenses. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the property or in or to any fixtures, appurtenances and equipment therein or thereon.
7.5 Tenant shall furnish, maintain and replace all Building Non-Standard electric light bulbs, tubes and tube casings.
7.6 Tenant shall keep the Demised Premises in good clean condition and shall, at its sole cost and expense
6.02. If Landlord defaults in the performance , make all needed repairs and replacements including replacement of cracked or observance of any provision of Paragraph 6.01 (broken glass, except for repairs and replacements expressly required to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under the provisions of Article VII, Section 6.03(a) or 6.037.1, Article XI, Section 11.1 and Article XV, Section 15.
Appears in 2 contracts
Samples: Office Lease (Manor Care Inc/New), Office Lease (Choice Hotels Holdings Inc)
LANDLORD'S SERVICES. 6.01. 16.01 Landlord shall:
agrees to furnish to the Demised Premises and/or Building, as applicable, at no additional charge (unless otherwise provided for in this Lease) the following utilities and services: (a) maintain in hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest control when necessary which Tenant shall be required to pay as additional rent (at Landlord’s reasonable condition and repair cost therefor); (c) janitorial services for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
; (bd) furnish reasonable amounts elevator and freight elevator (at such time as the Building has a freight elevator) service; provided, however, that use of heat the freight elevator must be scheduled in advance with Landlord’s representative; (e); and air-conditioning (.HVAC.f) access to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basishours per day, but Tenant seven (7) days per week during the Term. Additionally, Landlord (either directly or through a managing agent) shall manage, operate and administer the Building. Tenant, shall be responsible for all installation cleaning the Demised Premises and energy costs associated therewith;for the removal of any rubbish from the Demised Premises. Tenant shall deposit any rubbish in a street location to be designated by Landlord. Tenant shall be solely responsible for the provision of heating and cooling in the Demised Premises, as well as for the maintenance of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure of the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement of the HVAC system or the enforcement of any existing, warranty.
16.02 Landlord shall maintain the name of Tenant or any permitted subtenant 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 (cas determined by Landlord, in its reasonable discretion) provide sufficient elevator service for reasonable access maintain such listings. Tenant or any permitted subtenant shall have the right to place a sign on the main entrance to the Demised Premises and in the elevator lobby on any whole floor of the Building that it occupies, subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed.
16.03 Landlord reserves the right, without any liability to Tenant, to stop service of any of the sanitary, elevator or other Building systems serving the Demised Premises;
(d) furnish , 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 or any other cause beyond Landlord’s reasonable janitorial control Notwithstanding the foregoing, if Tenant’s use of the systems, utilities and services for the Demised Premises;
Premises are materially interfered with for five (e5) furnish a reasonable amount of electricity for normal office use in the days such that Tenant is precluded from using Demised Premises; however, Landlord's agreement Rent and Additional Rent and any other applicable charges thereafter shall xxxxx until such material interference ceases. In all events, Landlord shall use commercially reasonable efforts to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by minimize any interference with Tenant’s business and to resolve the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long factors giving rise to the delay or interruption as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l expeditiously as possible.
16.04 For purposes of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant Article 16 and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted as otherwise applicable under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and unless the context otherwise within thirty (30) consecutive days after specifies or requires, the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period following terms shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within have the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shallmeanings herein specified:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) The Landlord will provide climate control to the Leased Premises during Normal Business Hours to maintain in a temperature adequate for occupancy, except during the making of repairs, alterations or improvements to the climate control apparatus and provided that the Landlord shall have no responsibility or liability for failure to supply climate control service when stopped as aforesaid or when prevented from so doing by strikes or causes beyond the Landlord's reasonable condition control. The Tenant acknowledges that the Landlord has installed a system for the purpose of climate control, which system is designed to heat and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas cool during normal occupancy of the Building;Leased Premises as general offices on the basis of one (1) person to every one hundred (100) square feet of space on an open floor basis and based on the window shading being fully closed in those offices having exterior windows exposed to the sun, without having regard to the Tenant's specific use thereof or the installation in the Leased Premises by the Tenant or by anyone on behalf of the Tenant of any excessive heat generating equipment. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitions which interferes with the normal operation of such system may require changes or alterations in the system or the ducts. Any changes or alterations so occasioned, if such changes can be accommodated by the Landlord's equipment, shall be made (i) by the Tenant (or, at the Landlord's option, by the Landlord), (ii) in either case, at the Tenant's expense and only with the Landlord's prior written consent, and (iii) in accordance with drawings and specifications and by a contractor first approved in writing by the Landlord. If installation of partitions, equipment or fixtures by or on behalf of the Tenant (other than the partitions installed pursuant to the Landlord's Work as set out in Schedule "C") necessitates the rebalancing of the portion of the climate control equipment installed in the Leased Premises, such work will be performed by the Landlord at the Tenant's expense, together with an amount equal to fifteen percent (15%) of the total expense thereof representing the Landlord's overhead, payable by the Tenant within five (5) days after written demand as Additional Rent. The Tenant acknowledges that one (1) year may be required after the Tenant has fully occupied the Leased Premises in order to adjust and balance the climate control systems.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) Subject to the Demised Premises from 8:00 a.m. until 6:00 p.m. Rules and Regulations, the Landlord will furnish, except when repairs to the elevator(s) are being made, elevator service during Normal Business Hours, in common with others, provided that the Tenant and its employees and all other Persons using the elevator service will do so at their own risk. At least one (1) elevator will be operated at all times after Normal Business Hours. There will be no liability on Monday through Friday except holidaysthe Landlord for any claim in respect of any failure by the Landlord to provide elevator service during any power failure or other cause beyond the control of the Landlord or by reason of the carrying out of any repairs, and on Saturdays from 9:00 a.m. until 2:00 p.m. maintenance or replacement of the elevators, nor shall there be, consequent upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, any abatement or reduction in lieu the Rent. If the Tenant requests the provision of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year climate control services to the next. Chilled fluid lines shall be available in Leased Premises after Normal Business Hours, the Building Landlord will provide such services to permit the Tenant at the Tenant's expense at the rate of $15.00 per hour, payable by the Tenant within five (5) days after written demand, i.e. those hours outside of 4:30 a.m. to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;8:30 p.m.
(c) The Landlord will provide sufficient elevator service for reasonable a card-coded security system to control access to the Demised Premises;Building after Normal Business Hours and on weekends and all employees of the Tenant shall comply with all regulations and rules promulgated by the Landlord for such system. Employees of the Tenant holding a security pass issued by the Landlord will be provided access to the Building for the whole year.
(d) furnish reasonable janitorial services The Landlord will when reasonably necessary from time to time cause the floors to be swept, the windows to be cleaned and the desks, tables and other furniture of the Tenant to be dusted, all in keeping with a first-class office building and in accordance with the Landlord's cleaning schedule attached as Schedule "H". However, with the exception of the obligation to cause such work to be done, the Landlord will not be responsible for any act or omission or commission on the Demised Premises;part of the Persons employed to perform such work and such work shall be done at the Landlord's direction without interference by the Tenant and its servants or employees.
(e) furnish a reasonable amount The Landlord will make available water and electricity in adequate quantities, provided that if the Tenant's equipment requires utilities in excess of electricity for normal office use in adequate quantities facilities to supply such excess quantities may be provided by the Demised Premises; howeverLandlord at the sole expense of the Tenant, subject to the following conditions and provided that:
(i) the Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than engineer or other consultants determines that supplied such excess facilities are so required by the BuildingTenant's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Leaseequipment;
(fii) furnish in it is within the first floor lobby capabilities of the Landlord and the existing structure of the Building a directory to provide such excess utilities;
(iii) the Landlord will have the right of refusal to supply such excess utilities if the firm supplying of additional facilities or business names of tenants utilities shall in any way affect the operation, the aesthetics or the structure of the Building: and
(g) provide access to hookups to , or in any public way reduce the efficiency of existing electricity, water or private right-of-ways adjacent other utilities supplied to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating ExpensesBuilding; and
(biv) require removal the supplying of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action such additional facilities will be taken by Landlord under Section 6.03(a) subject to compliance with all provisions of law including, without limitation, federal and provincial legislative enactments, building by-laws and other governmental or 6.03municipal regulations.
Appears in 2 contracts
LANDLORD'S SERVICES. 6.01. So long as Tenant is not in default hereunder (beyond all applicable notice and cure periods), Landlord shall:
(aA) maintain Arrange for all required utility services to be provided to the Premises, provided that Tenant shall be solely responsible for, and shall pay when due directly to the utility providing the same (or to Landlord in reasonable the case of a submetering), the cost of all electricity and gas and other utility services consumed by Tenant at the Premises that are separately metered or submetered: PROVIDED, HOWEVER, except as expressly set forth herein, Landlord shall not be liable to Tenant for any loss or damage arising from interruption in such utility services. With respect to any utilities that are not separately metered, at Landlord’s election, such utilities shall may be included in Operating Expenses, and/or Landlord may xxxx Tenant for its pro rata share of the cost of such utilities as reasonably and equitably determined by Landlord. In such latter event, Tenant shall pay such pro rata share to Landlord within thirty (30) days after Landlord submits an invoice to Tenant for such costs, which shall include a reasonably detailed explanation as to Landlord’s determination of Tenant’s share (and copies of the applicable invoices from the utility companies).
(B) Make all structural repairs to the foundations, concrete floor slabs, exterior walls, structure (including columns) and roof deck required for safety, tenantability and compliance with proper orders of governmental authorities. In no event shall Landlord be obligated under this paragraph to repair any damage caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors.
(C) Provide janitorial services in accordance with the janitorial specifications attached hereto as Exhibit “E”.
(D) Maintain and operate the Land, Building and Complex in good condition and repair including, without limitation, the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas equipment of the Building;, including the mechanical, life safety, sprinkler, restrooms, plumbing, heating, ventilating, air conditioning and electrical systems serving the Building and not located in the Premises.
(bE) furnish reasonable amounts of heat Furnish the following facilities, maintenance and air-conditioning services without cost to Tenant: (.HVAC.i) existing elevator services; (ii) existing toilet facilities, hot and cold water, and sewage disposal; (iii) existing refrigerated drinking water; (iv) access to the Demised Building and Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaystwenty-four hours, seven days per week; and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as (v) a commercially reasonable system pursuant to each whole floor occupied by which Tenant, in lieu the event of Saturday HVAC an emergency, may promptly contact the Building manager and Building engineer, or their equivalent, at all times (whether or not within the business hours). Notwithstanding anything to the contrary in this Lease, Tenant shall be provided with three hundred (300) free hours have the right to install its own security system and/or its own security personnel in the Premises, subject to the terms and conditions applicable to alterations in Section 14 below. Tenant shall, throughout the Term and at its sole cost and expense, take good care of HVAC service per year (pro rated the non-structural, interior elements of the Premises and the other improvements now or hereafter comprising all or any part of the Premises and the fixtures and appurtenances therein, and maintain the same in good order and condition, and promptly at Tenant’s own cost and expense make all repairs necessary to maintain such good order and condition, except for Building exterior and structural repairs necessary for the first reasonable use and last lease yearsenjoyment of the Premises which Landlord agrees to make. Notwithstanding the foregoing or anything to the contrary herein, but subject to Section 10(c) below, Landlord shall also be responsible, at its sole cost and expense, for any repairs, replacements or maintenance to the Premises necessitated by (i) the negligent acts or omissions of Landlord or its agents, contractors or employees, or (ii) the failure of Landlord to perform or observe any of its obligations under this Lease. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Premises and the Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, or contractors, or as the result of all or any of them moving in or out of the Building or by installation or removal of furniture, fixtures or other property, which repairs and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such times repairs or replacements, the same may be made by Landlord following ten (10) business days advance written notice thereof and such expense shall be collectible as Additional Rent and paid by Tenant may requestwithin thirty (30) days after rendition of a xxxx therefor. Except as set forth herein, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Premises or the Building or to any appurtenances or equipment therein; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s access to or use of the Premises including its business operations therein. Except as expressly provided in this section and in Sections 11 and 12 hereof, there shall be no carry over abatement of any unused free hours from one calendar year rent because of such repairs, alterations, additions or improvements. Notwithstanding anything to the next. Chilled fluid lines shall be available contrary in this Lease, in the Building event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord or any failure of Landlord to permit Tenant perform any repair or maintenance which is required under this Lease, (ii) any failure of Landlord to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable services or access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long Premises as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of required under this Lease;
, or (fiii) furnish the presence of hazardous materials (not brought upon the Premises by Tenant or its contractors, employees, agents or invitees) in the first floor lobby violation of the Building applicable laws which poses a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent material health risk to the Land for utilities environment or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults the Premises (each such set of circumstances as set forth in the performance or observance of any provision of Paragraph 6.01 items (except to the extent permitted under Paragraph 6.04i), (ii), and (iii), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice specifying in what manner Landlord has defaulted of such Abatement Event, and if (a) Landlord does not notify Tenant that it reasonably disputes in good faith the occurrence of any of the events described in (i), (ii) or (iii) above (such default notice to be referred to herein as the “Dispute Notice”); and (b) such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice or for ten (10) non-consecutive business days after Landlord’s receipt of any such notice in any twelve (12) month period (each, an “Abatement Eligibility Period”), then the rent shall not be cured by Landlord within abated or reduced, as the period case may be, after expiration of the Abatement Eligibility Period for such time provided for elsewhere in this Leasethat Tenant continues to be so prevented from using, and otherwise within thirty (30) consecutive days after does not use, the delivery Premises or a portion thereof, in the proportion that the rentable square feet of such notice (except the portion of the Premises that if such default canTenant is prevented from using, and does not be cured within said thirty (30) day perioduse, this period shall be extended for a reasonable additional time, provided that Landlord commences bears to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenanttotal rentable square feet of the Premises; provided, however, in the event that if Tenant is prevented from using, and does not use, a portion of the Demised Premises for a period of time in excess of the Abatement Eligibility Period and the remaining portion of the Premises is not supplied with utilities required pursuant sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Abatement Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. To the extent Tenant is entitled to abatement without regard to the terms Abatement Eligibility Period because of an event described in Sections 11 or 12, below, then the Abatement Eligibility Period shall not be applicable. In the event an Abatement Event occurs during the first six (6) months of the Initial Term, Tenant’s right to abated rent shall be extended for the period of the Abatement Event. If Landlord sends a Dispute Notice and it is ultimately determined by a court of competent jurisdiction (or any other proceeding in lieu thereof such as an arbitration) that Tenant was entitled to xxxxx rent as provided in this Lease due Section. Landlord shall reimburse Tenant for the amount of rent that Tenant would have been entitled to circumstances within xxxxx, with interest at the control of Landlord for a period highest rate permitted by law, but not in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordten percent (10%).
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)
LANDLORD'S SERVICES. 6.01. 7.1 Landlord shallcovenants and agrees that it will:
(a) maintain in reasonable condition and repair keep the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, the exterior walls and common areas roof of the BuildingDemised Premises in good repair;
(b) furnish reasonable amounts of provide heat and air-air conditioning (.HVAC.) to maintain the Demised Premises from 8:00 at a reasonably comfortable temperature between the hours of 7:00 a.m. until and 6:00 p.m. on p.m., Monday through Friday except holidaysof each week, and 7:00 a.m. and 1:00 p.m. on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestSaturday of each week, except holidays recognized by the United States Government. After Landlord shall provide HVAC during hours HVAC shall other than the hours of full operation of the Building, at the hourly rate of $0.00, provided that such rate may be provided increased by Landlord from time to time, upon request of Tenant, so long and in the same percentage as all costs of any future increase in Landlord’s cost in providing such after hours service, as . Tenant agrees to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may reasonably estimated by Landlord, are borne by Tenant. Irrespective prescribe for the proper functioning and protection of the foregoing, as HVAC equipment; The overtime rate will be nominal per square foot charge in addition to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, base rent if the Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year was to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;expand.
(c) provide sufficient elevator service electricity for lighting purposes and operation of ordinary office equipment, excluding, however, computers other than personal computers, and other equipment requiring heavier than normal office use of electricity. Within fifteen (15) days from commencement of this Lease, Tenant shall tour Landlord around the demise premises. Landlord shall inform Tenant whether Landlord, in its reasonable access to discretion, has determined that such equipment satisfies the Demised Premises;requirements of this Section 7.1(c).
(d) furnish reasonable janitorial provide janitor services Monday through Friday of each week, except holidays recognized by the United States Government, it being understood and agreed, however, that Landlord shall not be liable in any way for any damage or inconvenience caused by the Demised Premisescessation or interruption of such heating, air conditioning, electricity, elevator, janitor services occasioned by fire, accident, strikes, necessary maintenance, alterations, or repairs, or other causes beyond Landlord’s control. It is understood that employees of Landlord are prohibited as such from receiving any packages or other articles delivered to the Building for Tenant and that, should any such employee receive any such packages or articles, he or she in so doing shall be the agent of Tenant and not of Landlord. A copy of Landlord’s cleaning specifications is attached hereto as Exhibit “D”;
(e) furnish a reasonable amount provide hot and cold water and lavatory supplies, it being understood and agreed that hot and cold water shall be furnished by Landlord only at those points of electricity supply provided for normal office general use of other tenants in the Demised Premises; however, Landlord's agreement Building as well as to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent Tenant’s kitchen if a kitchen is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or shown on Exhibit C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: andprovide automatically operated elevator service at all times;
(g) list the Tenant’s trade name on the Building directory located in the entrance lobby and provide access to hookups to one building standard suite door sign;
7.2 In the event any public or private right-of-ways adjacent to the Land for utilities utility company supplying energy, water, sewer or other communications systems available to utility, or governmental law, regulation, executive or administrative order requires that Landlord or Tenant reduce or maintain at a certain level the consumption of a utility and accessible such requirement affects the HVAC, light, use of or hours of operation of the premises or Building, Landlord and Tenant shall each adhere to and abide by said laws, regulations or executive orders without any reduction in Rent.
7.3 Failure by Landlord to any extent to furnish the above described services, or any cessation thereof, shall not render Landlord liable for damages to either person or property, nor be construed as an eviction of Tenant, nor give Tenant the right to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, unless such failure to provide services is a result of the gross negligence of Landlord or Landlord’s agents. Should any of the Building equipment or machinery break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly, and Tenant shall have no claim for an abatement of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom.
7.4 Landlord shall not be required to make any repairs occasioned by air the act or underground negligence of Tenant, its agents, employees, subtenants, licensees and concessionaires, which repairs shall be made by Tenant. In the event that the Demised Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord and Landlord shall not be responsible in any way for failure to make such repairs until a reasonable time shall have elapsed after delivery of such written notice. Landlord’s obligation hereunder is limited to repairs specified in this article only, and Landlord shall have no liability for any damages or injury arising out of any condition or occurrence causing a need for such repairs.
7.5 There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Property or in or to any fixtures, appurtenances and equipment therein or thereon.
7.6 Tenant shall keep the Demised Premises in good clean condition and shall, at Tenant's its sole cost and expense
6.02, make all needed repairs and replacements, except for repairs and replacements expressly required to be made by Landlord under the provisions of Article VII, Section 7.1, Article XI, Section 11.1 and Article XV, Section 15.3 and shall keep all plumbing units, pipes and connections free from obstruction. If any repairs required to be made by Tenant hereunder are not made within three (10) days after written notice delivered to Tenant by Landlord, Landlord defaults in may, at its discretion, make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, and Tenant shall pay to Landlord immediately upon demand as additional rental hereunder the performance or observance cost of any provision such repairs plus ten percent (10%) of Paragraph 6.01 (except the amount thereof and failure to do so shall constitute an event of default hereunder. At the extent permitted under Paragraph 6.04)expiration of this Lease, Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if surrender the Demised Premises is not supplied with utilities required pursuant in good condition, reasonable wear and tear excepted, and shall surrender all keys for the Demised Premises to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by and shall inform Landlord of Tenant's verbal notice of such failureall combinations on locks, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Leasesafes and vaults, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. Ifif any, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to LandlordPremises.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Commercial Lease (Authentec Inc)
LANDLORD'S SERVICES. 6.01. Landlord shallshall render certain services and supplies in accordance with and as described in this Paragraph 29, as follows:
(ai) maintain Landlord shall cause the Premises to be cleaned between the hours of 6:00 PM and 11:00 PM five (5) nights weekly, excluding holidays, at least in reasonable condition and repair accordance with the roof, foundation, structure, infrastructure, utilities, HVAC, other standards attached hereto as Exhibit "G". A day porter shall be provided to the Building operating systems, exterior and common areas of the Buildingfive (5) days per week excexx xxx holidays;
(bii) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage of the electrical panels on any given floor shall not exceed Tenant's pro rata share (based on rentable square footage) of the panels' capacity. Tenant will not use any electrical equipment which in Landlord's opinion will overload the wiring installations or interfere with the reasonable amounts use thereof by other users in the Building. Tenant shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of heat the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; (iii) Landlord shall furnish seasonable air conditioning and air-conditioning heating pursuant to applicable ASHREA standards during normal business hours (.HVAC.) 7:00 AM to the Demised Premises from 8:00 a.m. until 6:00 p.m. on PM Monday through Friday except holidaysand 8:00 AM until 1:00 PM Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestChristmas Day. After hours HVAC Said air conditioning and heating shall be based on the following criteria (based on a density of one person per two hundred rentable square feet and provided by Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit exists. Should Tenant desire either heating or air conditioning at other times, Landlord upon request agrees to provide same, but at Tenant's expense. The cost of Tenant, so long as all costs 's use for HVAC service after the Hours of Operation shall be charged at Landlord's actual additional utility cost for providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenantservice with no depreciation charge or Landlord administrative fee and shall, in lieu of Saturday HVAC hoursno event, exceed the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as pay promptly upon being billed therefor. If Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year installs equipment which in Landlord's opinion produces enough heat to the next. Chilled fluid lines shall be available cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to obtain design a supplemental air conditioning on a twenty-four (24) hour basissystem, but subject to Landlord's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for all installation determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount consumption of electricity for normal office use in the Demised Premises; however, Landlord's agreement supplemental air conditioning and to furnish electricity does not include electricity for electrical maintain such equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost expense, (iv) Standard passenger and expense
6.02freight elevator service when the Building is open and at least one passenger elevator when the Premises are closed. If Landlord defaults The elevator inspection certificate will be kept on file in the performance management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as required for lavatory and drinking purposes and such other uses as are permitted pursuant to this Lease. Subject to Paragraphs 30 and 40 herein, in the event that there is a material interruption of a critical service (a "Critical Service") being provided by Landlord under this Lease and such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, water, elevator service or observance heating and air conditioning as further described in this Paragraph 29 above) and such Critical Service interruption results in Tenant's inability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of any provision the same, then (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of Paragraph 6.01 (except the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the extent permitted under Paragraph 6.04)Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding the above, if such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, Tenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, then Tenant may terminate this Lease upon 30 days written notice to Landlord and this Lease shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within terminate at the period end of time provided for elsewhere in this Lease, and otherwise within said thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured day period unless Landlord has restored said Critical Service within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Agreement (Infinity Property & Casualty Corp)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) shall maintain the existing common Building systems in reasonable good condition and repair throughout the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas Term of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) Lease. In addition to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be services provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective Tenant shall have (x) the right to use the loading dock, dumpster and/or compactor, and freight elevator services for the Building on a non-discriminatory, first-come, first served basis, it being understood that the use of the foregoingfreight elevator, as to each whole floor occupied by Tenantdumpster and/or compactor, and loading dock must be scheduled in lieu of Saturday HVAC hours, Tenant shall be provided advance with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, Landlord but there shall be no carry over charge for any such usage, and (y) such other services as Landlord reasonably determines are necessary or appropriate for the Property, including any services Landlord provides generally to tenants or other occupants of the Science Building. If Landlord, at Tenant’s request, provides any unused free hours services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 10.1 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus a reasonable administrative charge. Except in emergencies, as reasonably determined by Landlord, Landlord shall use reasonable efforts to notify Tenant of Landlord’s estimate of the cost of providing such services and any associated administrative charges prior to providing such service(s). If Tenant wishes to obtain such services which are not Landlord’s express obligation under this Lease from one calendar year third party vendors other than Landlord, Tenant may do so, subject to Landlord’s reasonable approval of such services and provided that (i) any such third party vendors are approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), (ii) such third party vendors provide Landlord with evidence of amounts and types of insurance as may be reasonably required by Landlord, (iii) such third party vendors comply with the applicable rules and regulations for the Building, and (iv) such third party vendors will not cause a labor disruption vis a vis other vendors or contractors in the Building, as determined by Landlord in Landlord’s reasonable discretion. Tenant shall provide its own cleaning services to the next. Chilled fluid lines shall be available Premises according to cleaning standards generally prevailing in comparable research and development buildings in the Building City of Cambridge and according to permit Tenant any cleaning specifications adopted by Landlord from time to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to time during the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l Term of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition Air conditioning, ventilation and repair heating is provided to the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas Premises through one (1) 80-ton DX unit per full floor of the Building;Premises serving the floors on which the Premises are located (collectively, the “DX Units”), pursuant to the specifications annexed hereto as Exhibit L. During the hours of 8:00 a.m. to 8:00 p.m. on weekdays and Saturdays 9:00 a.m. – 1:00 p.m., holidays excepted (the “HVAC Business Hours”), Tenant shall control the temperature within the Premises via the DX Units. Landlord shall furnish cooled or heated air in season to provide a temperature condition required, in Landlord’s reasonable judgment, for comfortable occupancy of the Common Areas under normal business operations and in the absence of the use of equipment which affects the temperature or humidity which would otherwise be maintained in the Premises, during the HVAC Business Hours. Tenant agrees to keep and cause to be kept closed all windows in the Premises and at all times to cooperate fully with Landlord in the operation of said system and to abide by all reasonable regulations and requirements which Landlord may prescribe to permit the proper functioning and protection of said heating, ventilation and air conditioning systems (and the DX Units). Tenant acknowledges that heat pumps for the HVAC service are periodically shut down for service, which service is typically performed over weekends, and Landlord will provide at least ten (10) business days’ prior notice of any voluntary heat pump shutdown by Landlord (except in the case of an emergency or as required by applicable Legal Requirements).
(b) Landlord shall furnish reasonable amounts of heat and air-conditioning (.HVAC.) cold water to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysat all times, in such quantities as are reasonably sufficient for ordinary drinking, lavatory, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;convenience kitchen facilities.
(c) provide sufficient elevator Landlord shall furnish janitor service for reasonable access in and about the Premises and Common Areas pursuant to the Demised specifications set forth in Exhibit H, attached hereto (including, to the extent set forth on Exhibit H, with respect to the core restrooms and up to one (1) additional ADA restroom located on each full floor of the Premises;
(d) furnish reasonable janitorial ). Landlord shall have no obligation to perform cleaning services in those portions of the Premises which are below grade, bank space, or which are used for the Demised Premises;
preparation, dispensing or consumption of food or beverages, for use as training rooms, trading rooms/floors, for files, storage, mailing or shipping purposes, for the operation of computer, telex, data processing, reproduction or similar equipment or as private lavatories or toilets (efor the avoidance of doubt, excepting the core restrooms and up to one (1) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first additional ADA restroom located on each full floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities Premises), or other communications systems available special purposes requiring greater or more difficult cleaning work than office areas (collectively the “Above-Standard Cleaning”), all of which portions Tenant shall cause to Landlord or Tenant and accessible by Tenant by air or underground be kept clean at Tenant's sole ’s cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04); provided, Tenant shall give have the right to request Landlord notice specifying to perform the Above-Standard Cleaning, in what manner which event, Tenant shall pay to Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after demand therefor the delivery cost to perform such Above-Standard Cleaning (as reasonably determined by Landlord and/or its cleaning contractor) that is in excess of the cost to perform ordinary office type cleaning. If elected by Landlord, Tenant shall pay to Landlord, on demand, a charge for the removal from the Premises of any refuse and rubbish of Tenant as shall not be contained in waste receptacles of customary office size and for the removal of refuse and rubbish of Tenant’s machines and of eating facilities requiring special handling (known as wet garbage) (collectively, the “Above-Standard Refuse Removal”), which charge shall be the reasonable charge of Landlord (or Landlord’s cleaning contractor) to perform such Above-Standard Refuse Removal that is in excess of Landlord’s (or Landlord’s cleaning contractor’s) charge to perform ordinary office type refusal removal. Landlord, its cleaning contractor and their employees shall have access to the Premises after business hours and the use of Tenant’s light, power and water in the Premises, without charge therefor, as may be reasonably required for the purpose of cleaning the Premises. Tenant agrees to employ Landlord’s cleaning contractor or such other contractor as Landlord may from time to time designate for all waxing, shampooing, polishing, lamp replacement and other special cleaning or maintenance work of the Premises and of Tenant’s furniture, fixtures and equipment. Landlord represents that the quality thereof shall be reasonably comparable to that of other contractors doing comparable work in comparable buildings in the area of the Building and Landlord shall also cause the cleaning contractor employed by Landlord to charge to Tenant rates that are generally consistent with those rates generally charged for above standard cleaning services charged by cleaning contractors providing comparable work in Comparable Buildings (as opposed to rates being charged by any single cleaning contractor providing comparable work in Comparable Buildings). Tenant shall not employ any other such contractor or individual without Landlord’s prior written consent, but nothing herein contained shall prohibit Tenant from utilizing a limited number of “on staff” day porters hired directly by Tenant to perform special cleaning of a nature not provided by the employees of Landlord’s designated cleaning contractor in the Building, but only for so long as the employment by Tenant of such notice day porters does not result in jurisdictional disputes or strikes.
(except that d) Landlord shall furnish passenger elevator service in common with other tenants and occupants, daily from 8:00 a.m. to 6:00 p.m., Saturdays, Sundays and Holidays excepted (the “Passenger Elevator Hours”). Such normal passenger elevator service, if such default cannot be cured within said thirty (30) day periodfurnished at other times, this period shall be extended optional with Landlord and shall never be deemed a continuing obligation; provided, subject to casualty, condemnation, Force Majeure Causes, Legal Requirements (including compliance with any codes) and takedowns due to emergency repairs or maintenance, Landlord shall provide (i) two (2) passenger elevators at times other than the Passenger Elevator Hours, and (ii) not less than four (4) passenger elevators servicing the Premises during the Passenger Elevator Hours. Landlord shall provide non-exclusive freight elevator service and loading dock facilities at no charge on business days from 8:00 a.m. to 5:00 p.m. Landlord shall provide after-hours freight elevator service and loading dock facilities at Landlord’s then standard, commercially reasonable charge for a reasonable additional timethe same (which is currently $260.13 per hour) (such rate, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure“Overtime Freight/Loading Rates”), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident with respect to said installation the first one hundred twenty (120) hours of overtime freight elevator service and necessary appurtenances thereto loading dock service utilized by Tenant for Tenant’s initial move-in to the Premises, any such after-hours charges shall be waived by Landlord, and (ii) additional rent equal all after-hours freight elevator service and loading dock service utilized by Tenant solely for Tenant’s initial move-in to the Premises in excess of such one hundred twenty (120) hours, shall be at Landlord’s actual cost therefor (as reasonably determined by Landlord). For the avoidance of doubt, the cost incurred by Landlord during the performance of the utility used Turn-Key Work and Base Building Work on account of Overtime Freight/Loading Rates shall be at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities Landlord’s sole cost and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordexpense.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
LANDLORD'S SERVICES. 6.01. Landlord shall:shall furnish (the cost of which are subject to inclusion as an Operating Expense):
(a) maintain Cooled or heated air in season to provide a temperature condition required, in Landlord’s reasonable condition judgment, for comfortable occupancy of the common areas (Tenant maintains control of the temperature within the Premises) under normal business operations and in the absence of the use of equipment which affects the temperature or humidity which would otherwise be maintained in the Premises, weekdays from 8:00 a.m. to 6:00 p.m. and weekends 8:00 a.m. to 1:00 p.m., exclusive of holidays recognized by the federal or state government (unless chosen to be open by Landlord). If the use of heat generating equipment in the Premises affects the temperatures otherwise maintained by the air conditioning system for normal business operations, and thereby requires, in the reasonable judgment of Landlord, the modification of the air conditioning or ventilation systems (including installation of supplementary air conditioning units in the Premises) upon prior notice to Tenant Landlord may elect to perform such modification, and the reasonable cost thereof shall be paid by Tenant to Landlord at the time of completion of such modification, or Landlord may elect to require Tenant to perform such modification, at Tenant’s sole cost and expense. Any increased expense in maintaining or operating the system resulting, in Landlord’s reasonable opinion, from such modification shall be paid by Tenant. In addition, Tenant shall, at Tenant’s expense, perform all maintenance on any supplementary air conditioning units installed in accordance with this Section unless, in the exercise of its right hereby expressly reserved, Landlord elects to perform part or all of such maintenance at Tenant’s expense. Tenant agrees to keep and cause to be kept closed all windows in the Premises and at all times to cooperate fully with Landlord in the operation of said system and to abide by all reasonable regulations and requirements which Landlord may prescribe to permit the proper functioning and protection of said heating, ventilation and air conditioning systems. Tenant acknowledges that heat pumps for the HVAC service are periodically shut down for service, which service is typically performed over weekends.
(b) Washroom facilities, not within the Premises (unless Tenant leases an entire floor), for use by Tenant in common with other tenants in the Building.
(c) Janitor service in and about the Premises and common areas as customarily provided in similar Class A office buildings in the applicable submarket, Saturdays, Sundays and Holidays excepted.
(d) Passenger elevator service in common with other tenants and occupants. During non-Building standard hours, Landlord may limit or restrict elevator access for security and energy conservation; however, at such times shall provide reasonable passenger elevator services so that Tenant may access the Premises. Landlord shall provide limited freight elevator service on a first come first served basis, for which there is an additional charge and which usage must be coordinated with the property management office of the Building.
(e) General maintenance, repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and replacements of all applicable common areas of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to , including, without limitation, common fire detection, common sprinkler, common life safety, common electrical, common security, common plumbing, landscaped areas, the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysroof, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenantparking areas, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby structural elements of the Building a directory of the firm including foundation, exterior and load-bearing walls, structural floor slabs, common mechanical, common HVAC, sewer, elevators and tenant directories, but however specifically excluding those items or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord located within the period of time provided for elsewhere in this LeasePremises, and otherwise within thirty (30) consecutive days after or directly serving the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by LandlordPremises.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition Landlord shall furnish: (i) during Business Hours, heat and repair air conditioning required for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas occupancy of the Building;Demised Premises and the electricity to power same; (ii) access and elevator service including one weekend elevator; (iii) restroom supplies; (iv) cleaning services as set forth in the “Building Janitorial Specifications” (hereinafter so called), annexed hereto as Exhibit E, on weekdays, excluding Holidays and weekends, and (v) such other services as Landlord may set forth from time to time. Landlord shall have the right to reasonably modify the terms and/or frequency of the services so long as (I) such modifications are consistent with the Building being a Class A building (comparable to that of other similar Class A office buildings in the Berkeley Heights area, which shall include the Route 78 corridor)and (II) Landlord gives at least five (5) days’ notice of any changes.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) Upon notice to Landlord, Tenant shall have the right to use the Demised Premises from 8:00 beyond Business Hours and on weekends and Holidays upon the express condition that Tenant shall be responsible, at its sole cost and expense, for any and all building services required and attributable to such excess use charged at the rates set forth in Landlord’s Rules and Regulations; provided, however, that notwithstanding anything contained in the Rules and Regulations, (i) Tenant shall not be charged for any such excess use of building services during the period between 9:00 a.m. until 6:00 and 1:00 p.m. on Monday through Friday except holidaysSaturdays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours (ii) the minimum HVAC charge for excess use shall be provided two (2) hours (not four (4) hours). Payment for excess use of services shall be deemed Rent and shall be paid to Landlord monthly, together with Base Rent for the month immediately following Landlord’s delivery of a statement to Tenant itemizing such additional payments that it believes are attributable to Tenant’s excess usage.
(c) Landlord shall maintain and provide services for the Land and Common Area, including lobbies, stairs, elevators, corridors, restrooms, and Parking Area. Access to the parking in the Parking Area shall be granted 4 cars per each 1,000 rentable square feet (i.e. 79 cars for 19,695 rentable square feet). Landlord will designate ten percent (10%) of the number of parking spaces to which Tenant is granted access pursuant to the preceding sentence (i.e., 8 spaces) as “reserved” for Tenant.
(d) Landlord shall not be liable for any losses or damages caused by interruption of services due to repair, inspection or causes beyond its reasonable control. Tenant shall continue to be responsible for payment of Rent during any period of such interruption. Landlord upon request of Tenant, so long as all costs of providing such shall use its best efforts to immediately restore services after hours service, as reasonably estimated by Landlord, are borne by Tenantinterruption. Irrespective of Notwithstanding the foregoing, as if the Demised Premises is rendered totally untenantable for five (5) consecutive business days after written notice thereof by Tenant to each whole floor occupied Landlord due to an interruption of services, the Rent shall be abated during the period of such interruption of services unless such interruption was caused by (i) Tenant, in lieu of Saturday HVAC hours, Tenant or (ii) by circumstances beyond Landlord’s reasonable control.
(e) Landlord shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available maintain a security guard situated in the Building to permit Tenant to obtain supplemental air conditioning on a and/or the site servicing the Building, twenty-four (24) hour basishours per day, but Tenant seven (7) days per week. In the event a security guard is not situated in the Building, then Landlord shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for other reasonable limitations on access to the Demised Premises;
Building (d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish such as a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide card access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04system), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease (Authentidate Holding Corp)
LANDLORD'S SERVICES. 6.01. At Landlord's sole cost and expense but subject to reimbursement pursuant to the terms hereof, Landlord shall:covenants during the Lease Term during the hours of 8 a.m. to 6 p.m., Monday through Friday, and 8 a.m. to 1 p.m. on Saturdays, holidays (New Year's Day, President's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas) excepted ("Normal Building Operating Hours"):
(a) maintain to provide heating and air conditioning in reasonable condition the Premises during the normal heating and repair air conditioning seasons, and the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior heating and common areas of air conditioning systems shall be designed to provide heating and air conditioning in compliance with the Buildingspecifications attached as Exhibit F;
(b) at all times, to furnish reasonable amounts of heat hot and air-conditioning cold water for ordinary toilet, lavatory and drinking purposes (.HVAC.) Landlord is not required to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysfurnish water for kitchens or kitchenettes). If Tenant requires water for any other purpose, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hoursincluding without limitation for a kitchen, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated pay the Landlord a fair and equitable charge therefor determined by Landlord to reimburse Landlord for the first cost of such water and last lease years) at such times as Tenant may request; however, there shall be no carry over related sewer use charge (including a charge to reimburse Landlord for the cost of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewithmetering Tenant's usage);
(c) provide sufficient to furnish non-exclusive passenger elevator service for reasonable and, where provided, exclusive elevator service. Subject to the terms of Section 2.2 of this Lease, access to the Demised Premises;Premises through elevators shall be provided on a 24-hour basis each day of the year, but subject to such reasonable rules and regulations for security as the Landlord may reasonably establish; and
(d) unless Tenant elects otherwise as provided below, to furnish reasonable janitorial cleaning services for the Demised Premises;Premises and Common Areas and elevator reasonably consistent with such services set forth on Exhibit I hereto.
(e) furnish a reasonable amount to provide electricity to the Premises at least equal to eight xxxxx per Rentable Square Foot, exclusive of electricity for normal office use in the Demised PremisesHVAC; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;and
(f) furnish provide for the clearance and removal of snow and ice from the driveways and walkways on the Lot and the maintenance, in a good and attractive condition, of all landscaping on the Lot. The services to be provided by Landlord under this Section 7.1 shall be at least consistent in quality with the quality of services in facilities similar to the Building in the first floor lobby general vicinity of the Building. In addition, Landlord agrees to furnish, at Tenant's expense, HVAC at times other than Normal Business Operating Hours, upon Tenant's request and such additional special services as may be mutually agreed upon by Landlord and Tenant, upon reasonable and equitable rates from time to time established by Landlord, and Tenant shall pay therefor promptly after receipt of billing at the time of Tenant's next Fixed Rent payment. Landlord's initial charge for overtime HVAC is $50.00 per hour. Tenant may elect to provide janitorial services to the Premises by notice to Landlord to such effect given no later than May 1, 2002. If Tenant has elected that it will provide its own janitorial service it may at any time thereafter elect that Landlord shall provide such service but such election cannot be made more than once in any two year period and then at least six months prior to date upon which Landlord is to begin furnishing such service. If, however, Tenant has at any time elected not to provide such service it may thereafter elect to provide such service for itself provided that it gives Landlord at least twelve months advance notice thereof and shall not make any such election more often than once in any twenty-four month period. Landlord and Tenant shall coordinate so that Tenant's provision of its own janitorial service shall commence at a time when Landlord's then current contract for the provision of janitorial services to the Building is ending or up for renewal. If at any time Tenant has elected to provide its own janitorial service then there shall be a fair reduction in rent by the cost which Landlord would have incurred in an arms-length commercially reasonable context to provide such service less any extra cost which the Landlord incurs in providing janitorial service to the rest of the Building as a directory result of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord deletion of Tenant's verbal notice Premises from Landlord's contract with its janitorial contractor, and during such period of time, the Base Operating Expenses shall be reduced by the amount which Landlord would have incurred in providing such failure, Tenant may terminate this Lease or pursue any other remedy available at law janitorial services to Tenant's Premises during the Base Year or in equity. No fact the amount which Landlord actually incurred during such termination shall relieve Landlord of its obligations under Base Year, as the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordcase may be.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Office Lease (Keane Inc)
LANDLORD'S SERVICES. 6.01. (q) Landlord shallshall render services and supplies incidental to this Lease in accordance with and as described in this Paragraph 17, as follows:
(ai) maintain in reasonable condition Landlord shall cause the Premises to be cleaned.
(ii) Landlord shall furnish electric current for Building standard tenant lighting and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas small business machinery only from electric circuits designated by Landlord for Tenant's use. Such circuits will be fed into one or more of the existing electrical panel(s) in the electrical closets located on the same Building floor as the Premises. Tenant's usage of said panels on any given floor shall not exceed Tenant's pro rata share (based on rentable square footage) of the panels' capacity. Tenant will not use any electrical equipment which in Landlord's opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building;. Tenant will not, without Landlord's prior written consent in each instance, connect any items such as non-Building standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, and other computer-related equipment to the Building's electrical system, or make any alteration or addition to the system. If Tenant desires any such items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided above, electric current in excess of 208/120 volts for purposes other than Building standard tenant lighting, or other special power requirements or circuits, then
(biii) Landlord shall furnish reasonable amounts of heat seasonable air conditioning and air-conditioning heating during normal business hours (.HVAC.) 8:00 A.M. to the Demised Premises from 8:00 a.m. until 6:00 p.m. on P.M Monday through Friday except holidaysand 8:00 A.M. until 1:00 P.M. Saturday), and on Saturdays from 9:00 a.m. until 2:00 p.m. said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon request. After hours HVAC shall be provided reasonable advance written request by Landlord upon request of Tenant, so long but at Tenant's expense at such hourly rates as all costs of providing such after hours service, as reasonably estimated may be determined from time to time by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, which charge Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as pay promptly upon being billed therefor. If Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year installs equipment which in Landlord's opinion produces enough heat to the next. Chilled fluid lines shall be available cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to obtain design a supplemental air conditioning on a twenty-four (24) hour basissystem, but subject to Landlord's approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for all installation determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount consumption of electricity for normal office use in the Demised Premises; however, Landlord's agreement supplemental air conditioning and to furnish electricity does not include electricity for electrical maintain such equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If such supplemental air conditioning is installed at the request of either Tenant or Landlord defaults in a manner that utilizes the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04)Building condenser water loop, Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of pay a one-time provided for elsewhere in this Leasetap fee, and otherwise payable within thirty (30) consecutive days after of invoicing from Landlord, of THREE HUNDRED FIFTY AND NO/100 DOLLARS ($350.00) per ton of cooling equipment installed. Tenant shall also pay for the delivery necessary pump and piping to connect the supplemental air conditioning equipment to the Building condenser water risers. Regardless of whether such notice supplemental air conditioning is tapped into the Building condenser water loop, Tenant shall pay (except that in addition to the one-time tap fee, if such default cannot be cured within said thirty (30applicable) day periodeach calendar quarter in advance, as additional rent, a usage charge based upon the tonnage of the cooling equipment installed. At the commencement of the Term, this period usage charge shall be extended for a reasonable additional timeEIGHTY AND NO/100 Dollars ($80.00) per ton per year of cooling equipment. Such usage charge may be increased at any time and from time to time by the same percentage increase from the date of the last usage charge adjustment if any, provided that Landlord commences in the officially authorized rate schedule of Georgia Power Company, or its successors, applicable to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to TenantBuilding; provided, however, that if the Demised Premises is not supplied with utilities required in no event will such usage charge, as increased hereunder, ever be decreased pursuant to any adjustments hereunder, it being agreed that if such a decrease would result, then no adjustment would be made until the terms next adjustment hereunder. Each adjustment may be made effective as of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice effective date of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination Georgia Power Company rate schedule adjustment and shall relieve Landlord of its obligations under effect until the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordnext adjustment is made hereunder.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) Landlord shall not be liable for any damages directly or indirectly resulting from the installation, use or interruption of use of any utilityequipment in connection with the furnishing of services referred to in this Paragraph, including but not limited to electricity or waterand particularly any interruption in services by any cause beyond the immediate control of Landlord, provided Landlord shall use reasonable diligence in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity restoration of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordservices.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. As long as this Lease remains in full force and effect, Landlord shall:shall provide Tenant with the following services without additional charge (except as indicated):
(a) maintain Landlord shall provide cool and tempered air (“air-conditioning”) at reasonable temperatures, pressures and degrees of humidity and in reasonable condition volumes and repair velocities at suitable locations from May 15 through October 15 (the roof“Cooling Season”). As used herein, foundationthe term “Business Days” shall mean all days except (i) Saturdays, structure(ii) Sundays and (iii) the following holidays (“Holidays”): New Year’s Day, infrastructureXxxxxx Xxxxxx Xxxx Day, utilitiesPresident’s Day, HVACMemorial Day, Independence Day, Labor Day, Thanksgiving, the day following Thanksgiving, Christmas and any other days which shall be either (x) observed by the federal or state governments as legal holidays or (y) designated as a holiday by the applicable Building operating systemsService Union Employee Service contract or by the applicable Operating Engineers contract. Landlord shall, exterior at Landlord’s expense, provide heating to the Premises at reasonable temperatures during from 8:00 a.m. to 6:00 p.m. (“Business Hours”) on Business Days from October 16 through May 14 and common areas of shall, at its expense, provide adequate ventilation to the Building;
(b) furnish reasonable amounts of heat and Premises at all times it is required to provide air-conditioning (.HVAC.) or heating. Landlord shall deliver the air handling units in good working order on the Commencement Date. Tenant shall pay Landlord, as Additional Charges, the cost of all electricity used for the Premises to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC supply air-conditioning which shall be provided measured by a sub-meter(s) installed by Landlord upon request at Landlord’s expense. Throughout the term of Tenantthis Lease, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant it shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for Tenant’s exclusive responsibility to purchase a standard air conditioning maintenance contract to maintain or repair the first and last lease years) at such times air handling units as Tenant may request; however, there necessary to keep same in working order which maintenance contract shall be no carry over of any unused free hours from one calendar year subject to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basisLandlord’s prior written approval; provided, but Tenant that Landlord shall be responsible for all installation and energy maintenance or repair costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use which exceed $10,000 in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation aggregate per annum and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate replace an entire unit should Landlord determine that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant replacement is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordnecessary.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Agreement (Merisel Inc /De/)
LANDLORD'S SERVICES. 6.01. (1) The Landlord shallcovenants with the Tenant as follows:
(a) To provide climate control to the Premises during Normal Business Hours to maintain a temperature adequate for occupancy, except during the making of repairs, alterations or improvements. The Tenant acknowledges that the Landlord has installed in reasonable condition the Building a system for the purpose of climate control, which system is designed to heat and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas cool during normal occupancy of the Building;Premises as general offices on an open floor basis and based on the window shading being fully closed in those offices having exterior windows exposed to the sun, without having regard to the Tenant's specific use thereof or the installation of any heat generating equipment in the Premises by the Tenant or by anyone on behalf of the Tenant. The Tenant further acknowledges that the climate control system may require balancing and adjustment during the first year after installation to achieve a level of efficient operation. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or duct through which the same operates. Any changes or alterations so occasioned, if such changes can be accommodated by the Landlord's equipment, shall be made by the Tenant at its cost and expense but only with the written consent of the Landlord first had and obtained, and in accordance with drawings and specifications and by a contractor first approved in writing by the Landlord. If installations of partitions, equipment or fixtures by the Tenant necessitates the rebalancing of the portion of the climate control equipment installed in the Premises, the same will be performed by the Landlord at the Tenant's expense payable by the Tenant upon demand as Additional Rent.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) Subject to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidayssupervision of the Landlord, to furnish, during Normal Business Hours, and on Saturdays from 9:00 a.m. until 2:00 p.m. during such extended hours as the Landlord may determine, for use by the Tenant and its employees and invitees in common with other persons entitled thereto, passenger elevator service to the Premises, and to furnish upon request. After hours HVAC shall be provided by Landlord upon written request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective for the use of the foregoingTenant in common with others entitled thereto at reasonable intervals and at such hours as the Landlord may select, as freight elevator service to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated the Premises for the first carriage of furniture, equipment, deliveries and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordsupplies.
(c) No action will To provide for the use of the Tenant and its employees and invitees in common with others entitled thereto, washrooms on each floor of the Building upon which any part of the Premises is located.
(d) To provide janitor and cleaning services when reasonably necessary from time to time to the Premises and to the Building to be taken by Landlord under Section 6.03(arendered substantially in accordance with the standards of a similar modern office building.
(e) To furnish appropriate facilities for bringing telephone services to a point in the Premises, to provide to a point or 6.03points in the Premises hot and cold water for use in the washrooms (if any) in the Premises and to provide washrooms with hot and cold water available for the Tenant's use in common with others entitled thereto when washrooms are not located within the Premises.
Appears in 1 contract
Samples: Office Lease (Ace Hardware Corp)
LANDLORD'S SERVICES. 6.01. Provided Tenant is not in default hereunder, Landlord shall, at Landlord's expense except as provided to the contrary in this Lease, furnish to Tenant the following services:
(a) maintain Air conditioning and central heat at such temperatures and in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of such amounts as are reasonably considered by Landlord to be standard for the Building;, during normal business hours for the Building as set forth in the Rules and Regulations as hereinafter defined. Tenant shall have thermostats within the Leased Premises.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available Janitorial services in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation Premises and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation public and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby exterior portions of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant all days, except Saturdays, Sundays and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenantholidays; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failurefloor covering or other improvements is other than Building Standard, as hereinafter defined, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal additional cleaning cost to attributable thereto as additional rent upon presentation of a statement therefore by Landlord. Janitorial shall include cleaning of kitchen area, but not dishes, and keeping paper towels in towel holders nightly in employee break areas.
(c) No action Hot and cold water at those points of supply provided for general use of other tenants in the Building.
(d) Normal and customary routine maintenance for all public, structural, and exterior portions of the Project according to Landlord's standards.
(e) Electric lighting service for all public portions of the Project
(f) Automatic passenger elevator service at all times for access to and egress from the Premises. Freight elevator service, in common with other tenants, shall be provided during reasonable business hours as prescribed by Landlord, exclusive of Saturdays, Sundays, and holidays.
(g) All Building Standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas, toilet and rest room areas and stairwells,
(h) Electrical facilities to furnish sufficient power for typewriters, calculating machines and other machines of similar low electrical consumption (total electrical power requirement not to exceed one watt per square foot of Rentable Area); but not including electricity required for electronic data processing equipment, special lighting in excess of Building Standard, and any other item of electrical equipment, the electrical power equipment of which (singly) is more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than 120 volts single phase; and provided that if the installation of said electrical equipment requires additional air conditioning capacity above that provided by the Building Standard system, then the additional air conditioning installation and operating costs will be taken the obligation of Tenant. Landlord, at its option, may cause a water meter, electric current meter or such similar device to be installed on the Premises so as to measure the amount of water and electric current consumed by Tenant. The cost of any such meters and of the installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord, promptly upon demand by Landlord, for all such excess water and electric expense incurred. If a separate meter is not installed or Landlord under Section 6.03(a) is prevented from installing a separate meter by operation of law or 6.03other cause beyond Landlord's control, such excess costs for such water and electric current will be established by an estimate made by the utility company, electrical engineer, or an independent consultant, which estimate shall be binding on Tenant.
Appears in 1 contract
Samples: Lease (TaxMasters, Inc.)
LANDLORD'S SERVICES. 6.01. At Landlord's sole cost and expense but subject to reimbursement pursuant to the terms hereof, Landlord shall:covenants during the Lease Term during the hours of 8 a.m. to 6 p.m., Monday through Friday, and 8 a.m. to 1 p.m. on Saturdays, holidays (New Year's Day, President's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas) excepted ("Normal Building Operating Hours"):
(a) maintain to provide heating and air conditioning in reasonable condition the Premises during the normal heating and repair air conditioning seasons, and the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior heating and common areas of air conditioning systems shall be designed to provide heating and air conditioning in compliance with the Buildingspecifications attached as Exhibit F;
(b) at all times, to furnish reasonable amounts of heat hot and air-conditioning cold water for ordinary toilet, lavatory and drinking purposes (.HVAC.) Landlord is not required to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysfurnish water for kitchens or kitchenettes). If Tenant requires water for any other purpose, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hoursincluding without limitation for a kitchen, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated pay the Landlord a fair and equitable charge therefor determined by Landlord to reimburse Landlord for the first cost of such water and last lease years) at such times as Tenant may request; however, there shall be no carry over related sewer use charge (including a charge to reimburse Landlord for the cost of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewithmetering Tenant's usage);
(c) provide sufficient to furnish non-exclusive passenger elevator service for reasonable and, where provided, exclusive elevator service. Subject to the terms of Section 2.2 of this Lease, access to the Demised Premises;Premises through elevators shall be provided on a 24-hour basis each day of the year, but subject to such reasonable rules and regulations for security as the Landlord may reasonably establish; and
(d) unless Tenant elects otherwise as provided below, to furnish reasonable janitorial cleaning services for the Demised Premises;Premises and Common Areas and elevator reasonably consistent with such services set forth on Exhibit I hereto.
(e) furnish a reasonable amount to provide electricity to the Premises at least equal to eight xxxxx per Rentable Square Foot, exclusive of electricity for normal office use in the Demised PremisesHVAC; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;and
(f) furnish provide for the clearance and removal of snow and ice from the driveways and walkways on the Lot and the maintenance, in a good and attractive condition, of all landscaping on the Lot. The services to be provided by Landlord under this Section 7.1 shall be at least consistent in quality with the quality of services in facilities similar to the Building in the first floor lobby general vicinity of the Building. In addition, Xxxxxxxx agrees to furnish, at Xxxxxx's expense, HVAC at times other than Normal Business Operating Hours, upon Xxxxxx's request and such additional special services as may be mutually agreed upon by Landlord and Tenant, upon reasonable and equitable rates from time to time established by Landlord, and Tenant shall pay therefor promptly after receipt of billing at the time of Xxxxxx's next Fixed Rent payment. Xxxxxxxx's initial charge for overtime HVAC is $50.00 per hour. Tenant may elect to provide janitorial services to the Premises by notice to Landlord to such effect given no later than May 1, 2002. If Xxxxxx has elected that it will provide its own janitorial service it may at any time thereafter elect that Landlord shall provide such service but such election cannot be made more than once in any two year period and then at least six months prior to date upon which Landlord is to begin furnishing such service. If, however, Xxxxxx has at any time elected not to provide such service it may thereafter elect to provide such service for itself provided that it gives Landlord at least twelve months advance notice thereof and shall not make any such election more often than once in any twenty-four month period. Landlord and Tenant shall coordinate so that Tenant's provision of its own janitorial service shall commence at a time when Xxxxxxxx's then current contract for the provision of janitorial services to the Building is ending or up for renewal. If at any time Tenant has elected to provide its own janitorial service then there shall be a fair reduction in rent by the cost which Landlord would have incurred in an arms-length commercially reasonable context to provide such service less any extra cost which the Landlord incurs in providing janitorial service to the rest of the Building as a directory result of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord deletion of Tenant's verbal notice Premises from Landlord's contract with its janitorial contractor, and during such period of time, the Base Operating Expenses shall be reduced by the amount which Landlord would have incurred in providing such failure, Tenant may terminate this Lease or pursue any other remedy available at law janitorial services to Tenant's Premises during the Base Year or in equity. No fact the amount which Landlord actually incurred during such termination shall relieve Landlord of its obligations under Base Year, as the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordcase may be.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Office Lease (Keane Inc)
LANDLORD'S SERVICES. 6.01. Landlord shallLandlord, at its cost and expense subject to reimbursement under Paragraph 6(b) above, shall provide the following services:
(ai) maintain electric power to the Premises during Normal Business Hours in reasonable condition amounts necessary for normal office use, lighting and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(bii) furnish water for drinking, lavatory and toilet purposes from the regular Building supply (at the prevailing temperature) through fixtures installed by Landlord (or by Tenant with Landlord’s prior written consent);
(iii) HVAC to the Premises during Normal Business Hours sufficient to maintain a temperature in the Premises between 68 degrees and 72 degrees Fahrenheit;
(iv) janitorial services to the Premises as specified in Schedule 14(a). Tenant shall not provide any janitorial service without Landlord’s prior written consent. If Landlord consents to janitorial service provided by Tenant, the same shall be subject to the Building Rules and to Landlord’s supervision, but at Tenant’s sole cost and expense (without reduction in Base Rent or Additional Rent). Tenant shall cooperate with any janitorial service in keeping the Premises neat and clean. Landlord shall be in no way responsible to Tenant, its agents, employees or invitees, for any loss of property from the Premises or for any damage to property thereon, from any cause.
(v) if the Building contains elevators, passenger elevator service and freight elevator service (as reasonable amounts of heat and air-conditioning (.HVAC.scheduling permits) to the Demised floors on which the Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewithlocated;
(cvi) provide sufficient elevator service for maintenance of the Common Areas in accordance with Applicable Laws and consistent with first class office buildings in the suburban Dallas, Texas area located along the Dallas North Tollway between 1-635 (LBJ Freeway) and S.H.—000 (Xxxxxx Xxxx Tollway);
(vii) Subject to Landlord’s reasonable security procedures, access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied Premises by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or CTenant’s employees 24-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expensesper day; and
(bviii) require removal of refuse and rubbish in larger quantities or more often than is reasonable in Landlord shall provide a professional security service for the rendering of janitorial serviceProject 24 hours per day, Tenant on demand shall pay the removal cost to Landlord365 days per year.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Agreement (Accuro Healthcare Solutions, Inc.)
LANDLORD'S SERVICES. 6.01. Landlord shallshall furnish the following services to Tenant during the Term of this Lease:
(a) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Janitor service shall be provided Monday through Friday except holidaysof each week, exclusive of New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, pursuant to specifications therefor described on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestExhibit "G" attached hereto and incorporated herein by reference. After hours HVAC The janitorial staff shall be subject to Tenant's security clearance procedures for the Premises. Additionally, Tenant shall have the right to replace the janitorial services provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne and if Tenant so elects, then the rental under this Lease shall be reduced by Landlord's previous cost in providing such janitorial services as documented by an amendment to this Lease to be executed by Landlord and Tenant. Tenant will design Tenant's electrical system serving any equipment producing nonlinear electrical loads to accommodate such non-linear electrical loads, including, but not limited to, over-sizing neutral conductors, de-rating transformers and/or providing power line filters. Tenant's final contract documents for the Tenant Improvements (as defined in the Work Letter) shall include a calculation of Tenant's fully connected design load with and without demand factors and shall indicate the number of watts of un-metered and sub-metered loads. The design and ixxxxxlation of any additional electrical equipment (or any related meter) required by Tenant shall be subject to the prior approval of Landlord (which approval shall not be unreasonably withheld). All expenses incurred by Landlord in connection with the review and approval of any additional electrical equipment shall also be reimbursed to Landlord by Tenant. Irrespective If any of Tenant's electrical equipment requires conditioned air in excess of Building Standard air conditioning, the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant same shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible installed by Tenant by air or underground at Tenant's sole cost in a manner previously approved by Landlord in writing, and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted pay all design, installation, metering and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordoperating costs relating thereto.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition Landlord shall furnish: (i) heat and repair air conditioning required for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas comfortable occupancy of the Building;
(b) furnish reasonable amounts of heat Demised Premises, between 8:00 A.M. and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on P.M. Monday through Friday except holidaysFriday, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Saturday 8:00 A.M. to 1:00 P.M, excluding Holidays (see Exhibit F for “Holiday Schedule”) (ii) electricity for Tenant’s office use, so long including lighting and electrical outlets for equipment; (iii) access and elevator service including one weekend elevator; (iv) restroom supplies; (v) cleaning services as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available set forth in the Building Janitorial Specifications (annexed hereto as Exhibit E) on weekdays, excluding Holidays, (vi) removal of ice, snow and debris from the Common Areas, including, but not limited to, walkways, parking lots, and other paved surfaces; (vii) landscaping maintenance and services for all plants, shrubs, flower beds and grounds located in both the interior and exterior of the Building and the Common Areas; (viii) access to permit Tenant to obtain supplemental air conditioning on a the Building twenty-four (24) hour basishours per day, seven (7) days per week; (ix) hot and cold water, toilet facilities and sewerage services; and (x) such other services as Landlord may set forth from time to time. Landlord shall have the right to reasonably modify the terms and/or frequency of the services provided (but not to diminish the current services), provided Landlord gives at least five (5) business days notice of any changes.
(b) Subject to the last sentence of this Section 8.01, (a) Tenant shall have the right to use the Demised Premises at all times. If Tenant shall require heating, venting or air conditioning (“HVAC”) beyond the Building hours and days of operation described above (“After Hours Use”), then Tenant shall provide reasonable notice to Landlord and Landlord shall furnish HVAC upon the express condition that Tenant shall be responsible for the costs of any and all installation HVAC and energy costs associated therewith;
(c) provide sufficient elevator service Building Services required and attributable to such After Hours Use. The cost for reasonable access After Hours Use of HVAC is charged at the rate of $75.00 per hour, subject, however, to adjustment by the Demised Premises;
(d) furnish reasonable janitorial services for difference between the Demised Premises;
(e) furnish a reasonable amount cost of delivery of electricity for normal office use as of the date of this Lease and any increases in the Demised Premises; however, Landlord's agreement costs thereof that may occur from time to furnish electricity does not include electricity time. Payment for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs After Hours Use of installation and which consent services shall be deemed Additional Rent and shall be paid to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
Landlord monthly, together with Base Rent. If Tenant desires to use the Demised Premises on a regularly scheduled basis for more than two (f2) furnish in the first floor lobby hours at a time, outside of the Building a directory standard operating hours of 8:00 A.M. to 6:00 P.M. Monday through Friday and 8:00 AM to 1:00 PM on Saturdays, and Tenant’s after-hours use creates excess security concerns for the firm or business names of tenants safety of the Building: and
(g) provide access to hookups to any public or private , then Landlord reserves the right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion’s reasonable discretion, any to provide manned security during such hours and charge the cost thereof to Tenant shall:
(a) use any utility, including but as Additional Rent. Landlord shall not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to charge Tenant for the cost of any security services which are currently being provided or which are not attributable to Tenant’s after-hours use of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to LandlordPremises.
(c) No action will Landlord shall maintain and provide services to the Land and Common Area, including lobbies, stairs, elevators, corridors, restrooms, and Parking Areas.
(d) Landlord shall not be taken liable for any damages caused by Landlord interruption of services due to repair, inspection or causes beyond its reasonable control. Tenant shall continue to be responsible for payment of Rent during any period of such interruption. If the interruption of services does not allow Tenant to comfortably use or occupy the Demised Premises in the normal course for a period of seven (7) consecutive business days due to any act or omission of the Land1ord or any of Landlord’s agents, then the Base Rent hereunder shall be equitably abated from the eighth (8th) consecutive business day until such time as the services are restored. Such interruption of services shall be defined as (i) no electrical service to the Demised Premises, (ii) inability to provide access to the Demised Premises via at least one (1) elevator, (iii) inability to access lavatories on the floor of the Demised Premises or on an adjacent floor, or (iv) insufficient HVAC such that the Demised Premises cannot be occupied except under Section 6.03(a) or 6.03conditions of “extreme discomfort” for the occupants.
Appears in 1 contract
Samples: Lease Agreement (Sco Group Inc)
LANDLORD'S SERVICES. 6.01. Landlord shallshall render services and supplies ------------------- incidental to this Lease in accordance with and as described in this paragraph, as follows:
(a) maintain in reasonable condition General cleaning and repair the roofjanitorial service required as a result of normal, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas prudent use of the Building;Prime Premises and only on Mondays through Fridays, inclusive, with New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other recognized bank holiday (herein collectively referred to as the "Holidays") excepted.
(b) furnish reasonable amounts of heat Electric current for building standard tenant lighting and air-conditioning (.HVAC.) to the Demised Premises small business machinery only from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided electric circuits designated by Landlord upon request of for Tenant, so long as all costs of providing such after hours service, as reasonably estimated 's use. Tenant will not use any electrical equipment which in Landlord's opinion will overload the wiring installations or interfere with the reasonable use thereof by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available other users in the Building to permit Building. Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basiswill not, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless without Landlord's prior written consent in each instance, connect any items such as non-building standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desk top word processors and personal computers), auxiliary air-conditioners, and other computer-related equipment to the electrical system of the Prime Premises, or make any alteration or addition to the system, except as disclosed in Tenant's Work. If any additional circuitry or wiring is obtainedrequired by Tenant, and Landlord approves the installation of the same in writing, such work shall be performed at Tenant's expense under Landlord's control and supervision and Tenant shall pay Landlord the actual cost of such additional work as billed. In the event the Tenant utilizes electric current or other utilities in excess of the amount which consent would be typically utilized by normal business office use of the Prime Premises, then Landlord shall not unreasonably have the right to charge Tenant as additional rent a reasonable sum as reimbursement for the direct cost of such additional use or services. In the event of a disagreement as to the reasonableness of the amount of such additional rent, the opinion of a qualified, local, and independent professional engineer selected by Landlord in good faith shall be withheld so long as Tenant is responsible binding upon Landlord and Tenant. Payments for all costs of installation and which consent such additional electrical power shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect due from Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(aSeasonable air-conditioning and heating during normal business hours (8:00 A.M. to 6:00 P.M.) or 6.03Monday through Friday and (8:00 A.M. until 1:00 P.
Appears in 1 contract
LANDLORD'S SERVICES. 6.014.1.1. Landlord shallshall make customary arrangements with public utilities or public agencies to furnish any electricity and water, steam and other utilities customarily furnished or utilized in operating the facilities serving the Premises, subject to the provisions of Section 14.
4.1.2. Landlord shall furnish to Tenant during Tenant’s occupancy of the Premises:
(a) maintain Tempered water at those points of supply provided for general use in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of Central heat and air-air conditioning (.HVAC.) in season, during 7:00 am to the Demised Premises 7:00 pm, Mondays through Fridays, and from 8:00 a.m. until 6:00 to 1:00 p.m. on Monday through Friday except holidaysSaturdays, excluding holidays (“Normal Building Hours”), at such temperatures and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided in such amounts as are reasonably considered by Landlord upon request of Tenantto be standard or as may be limited or controlled in time or amount by applicable laws, so long as all costs of providing such after hours serviceordinances, as reasonably estimated by Landlord, are borne by Tenantrules and regulations. Irrespective of Notwithstanding the foregoing, Landlord acknowledges and agrees that the research and development labs, server room and IDF rooms being installed as to each whole floor occupied by Tenantpart of the Landlord’s Work will require heating, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first ventilation and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basishours per day, but Tenant shall seven (7) days per week (the “Extra HVAC Service”), and the cost for providing HVAC to these areas at all times (subject to Section 4.2 below) will be responsible for all installation included as Building Operating Expenses and energy costs associated therewith;not as excess utilities and services pursuant to Section 4.1.3 below.
(c) Electrical facilities to provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services lighting for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted uses under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to and sufficient power for Tenant’s machines and equipment necessary for the permitted uses; provided, however, that if Landlord shall have no obligation to install dedicated circuits or other special circuitry or wiring except as may be included in the Demised Premises is Landlord’s Work. Notwithstanding, Landlord acknowledges and agrees that the research and development labs, server room and IDF rooms being installed as part of the Landlord’s Work will require electricity twenty-four (24) hours per day, seven (7) days per week, and the cost for providing electricity to these areas at all times (subject to Section 4.2 below) will be included as Building Operating Expenses and not supplied with as excess utilities required and services pursuant to Section 4.1.3 below.
(d) Lamps, bulbs, starters and ballasts used in the terms Premises, provided that all such lamps, bulbs, starters and ballasts shall be installed by Landlord as part of this Lease due Premises Operating Expenses; notwithstanding the foregoing, Landlord shall not be required to circumstances within install lamps, bulbs, starters and/or ballasts that exceed those required for the control tenant improvements installed in the Building as part of the Landlord’s Work (collectively, “Building Standard Improvements”).
(e) If there are any elevators in the Building, public elevator service serving the floor(s) on which the Premises are situated during Normal Building Hours. In addition, at least one (1) elevator, reasonably designated by Landlord, shall be available twenty-four (24) hours per day, seven (7) days per week.
4.1.3. Landlord for a period may furnish to the Premises utilities and services in excess of 24 hours after those to be furnished under Section 4.1.2 above upon Tenant’s prior written request without additional expense therefor to Tenant.
4.1.4. Tenant shall not, without the prior written consent of receipt by Landlord Landlord, use any electronic data processing equipment, special lighting in excess of Building Standard Improvements, or any other item of electrical equipment which (singly) consumes more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than one hundred twenty (120) volts single phase. If Tenant desires to install any such data processing, extra lighting or electrical equipment or if Tenant's verbal notice ’s use of the Premises causes the Premises or any portion of the Building to require air conditioning in excess of that customarily provided to other areas of the Building leased to tenants, then Tenant shall also pay all costs relating to the modification, installation, operating and maintenance costs of such failureadditional air conditioning which shall be performed by Landlord. Such costs shall include, Tenant may terminate without limiting the generality of the above, the cost of installing, maintaining or removing equipment to meter electrical kilowatt consumption. Notwithstanding anything to the contrary contained in this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, Landlord acknowledges and such obligations agrees that the electricity and heating, ventilation and air conditioning necessary for the Extra HVAC Service shall survive any such terminationnot be deemed excess utilities or services subject to the provisions of Section 4.1.3 above.
4.1.5. No action on the part of Tenant shall limit or prejudice make no connection to the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related Building’s water supply without Landlord’s prior written consent. If Landlord consents to any such default connection, Landlord will provide, at Tenant’s expense, a separate water meter for use by Landlord.
6.03Tenant in the Premises. IfTenant shall pay, in Landlord's opinionas Additional Rent, any Tenant shall:
(a) use any utility, including but not limited to electricity or all costs and expenses for said metered water, at the same rate charged Landlord by the utility company, and for all costs and expenses in an excessiveany way connected with the installation, extravagant or unreasonable mannermaintenance and/or removal of said separate water meter. Notwithstanding anything to the contrary contained in this Lease, Landlord may install meters measuring acknowledges and agrees that the quantity Landlord’s Work comprises Building Standard Improvements, and the water necessary for Tenant’s operation of such utility used in the Demised Premises and Tenant, on demand, for the Permitted Uses shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal not be deemed excess utilities or services subject to the cost provisions of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord4.1.3 above.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Agreement (Palm Inc)
LANDLORD'S SERVICES. 6.01. Landlord shallshall furnish the following services to Tenant during the Term of this Lease:
(a) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Janitor service shall be provided Monday through Friday except holidaysof each week, exclusive of New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, pursuant to specifications therefor described on Exhibit "G" attached hereto and incorporated herein by reference. The janitorial staff shall be subject to Tenant's security clearance procedures for the Premises. Additionally, Tenant shall have the right to replace the janitorial services provided by Landlord, and if Tenant so elects, then the rental under this Lease shall be reduced by Landlord's previous cost in providing such janitorial services as documented by an amendment to this Lease to be executed by Landlord and Tenant. Tenant will design Tenant's electrical system serving any equipment producing non-linear electrical loads to accommodate such non-linear electrical loads, including, but not limited to, over-sizing neutral conductors, de-rating transformers and/or providing power line filters. Tenant's final contract documents for the Tenant Improvements (as defined in the Work Letter) shall include a calculation of Tenant's fully connected design load with and without demand factors and shall indicate the number of wattx xx un-metered and sub-metered loads. The design and installation of any additional electrical equipment (or any related meter) required by Tenant shall be subject to the prior approval of Landlord (which approval shall not be unreasonably withheld). All expenses incurred by Landlord in connection with the review and approval of any additional electrical equipment shall also be reimbursed to Landlord by Tenant. If any of Tenant's electrical equipment requires conditioned air in excess of Building Standard air conditioning, the same shall be installed by Tenant at Tenant's sole cost in a manner previously approved by Landlord in writing, and Tenant shall pay all design, installation, metering and operating costs relating thereto. To the extent the services described hereinabove require electricity and water supplied by public utilities, Landlord's covenants thereunder shall only impose on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestLandlord the obligation to use its good faith, reasonable efforts to cause the applicable public utilities to furnish the same. After hours HVAC All of the services (other than janitorial) contemplated under this Section 17 as well as any other applicable utility services shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground solely at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Leasecost, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day periodin no event, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue notwithstanding any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms provision of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demandcontrary, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03incur
Appears in 1 contract
Samples: Lease Agreement (Iss Group Inc)
LANDLORD'S SERVICES. 6.01. (a) Landlord shallshall render services and supplies incidental to this Lease in accordance with and as described in this paragraph 12, as follows:
(ai) maintain in reasonable condition Landlord shall furnish electric current for standard tenant lighting and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas business machinery only from electric circuits designated by landlord for Tenant's use. Such circuits will be fed into one or more of the Building;
existing electrical panel(s) in the electrical closets located in the Premises. Tenant's usage or said panels on any given floor shall not exceed Tenant's pro rata share (bbased on rentable square footage) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied panels' capacity" Tenant will not use any electrical equipment which in Landlord's opinion will overload the wiring installations or interfere with the reasonable use thereof by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available other users in the Building to permit Building. Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basiswill not, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless without Landlord's prior written consent is obtainedin each instance, connect any items such as non-Building standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, and other computer-related equipment to the Building's electrical system, or make any alteration or addition to the system. If Tenant desires any such items, addition 208/120 volts for purposes other than Building standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such supplemental power or circuits to the Premises, which consent request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall not unreasonably be withheld so long as Tenant is responsible for all costs pay Landlord, on demand, the cost of the design, installation and maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric Current so provided at a rate not to exceed that which consent would be charged by Georgia Power Company, or its successor, if Tenant were a direct customer thereof. Landlord may require separate electrical metering of such supplemental electric power or circuits to the Premises, and Tenant shall pay, on demand, the cost of the design, installation and maintenance of such metering facilities. Tenant shall have access to all electrical closets in the Premises, but it is agreed that any electrical engineering design or contract work shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground performed at Tenant's sole cost expense by Landlord or an electrical engineer and/or electrical contractor approved by Landlord. All invoices respecting the design, installation and expense
6.02. If Landlord defaults in maintenance of the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), facilities requested by Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise paid within thirty (30) consecutive days after of Tenant's receipt thereof. Landlord's charge to Tenant for the delivery cost of such notice (except that if such default cannot electric current so provided shall be cured paid within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after days of receipt of invoice by Landlord Tenant. 434 of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.57 <PAGE>
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal Landlord shall furnish seasonable air conditioning and heating during normal business hours (8:00 am to the cost of the utility used 6:00 pm Monday through Friday and 8:00 am. - 1:00 pm Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Should Tenant desire either heating or air conditiol1lng at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant's expense at such hourly rates equal as may be determined from time to the rate that the supplying utility company with its own equipment would then time by Landlord, which charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to shall pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; andpromptly upon being billed therefor.
(b) require removal Landlord shall not be liable for any damages directly or indirectly resulting from the installation, use of refuse interruption of use of any equipment in connection with the furnishing of services referred to in this Paragraph, and rubbish particularly any interruption in larger quantities or more often than is services by any cause beyond the immediate control of Landlord, provided Landlord shall use reasonable diligence in the rendering restoration of janitorial service, Tenant on demand shall pay the removal cost to Landlordsuch services.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Provided Tenant is not in default under any of the covenants, terms, conditions or provisions of this Lease beyond the applicable grace period provided herein, Landlord shallshall furnish the following services:
(a) maintain Air cooling during “Business Hours” on “Business Days” (as those terms are hereinafter defined) when, in the reasonable condition and repair judgment of Landlord, it may be required for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas comfortable occupancy of the Building;
(b) furnish reasonable amounts of heat demised Premises. At other times during Business Days and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC similar hours, Tenant Landlord shall be provided with three hundred (300) free hours of HVAC service per year (pro rated provide ventilation for the first demised Premises. Tenant at all times agrees to cooperate fully with Landlord and last lease years) at such times as Tenant to abide by all regulations and requirements which Landlord may request; howeverreasonably prescribe for the proper functioning and protection of its heating, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant and ventilation systems. Landlord shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable have free access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount any and all mechanical installations of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity air conditioning, fans, ventilating and machine rooms and electrical closets; and Tenant agrees that there shall be no construction of partitions or waterother obstructions which might interfere with Landlord’s full access thereto, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring interfere with the quantity moving of such utility used in Landlord’s equipment to and from the Demised Premises and enclosures containing said installations. Tenant agrees that Tenant, on demandits agents, employees or contractors shall pay Landlord (i) all costs incident to not at any time enter the said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilizedenclosures or tamper with, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities adjust, touch or otherwise in such a any manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; andaffect Lessor’s said mechanical installations.
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.Elevators:
(c) Heat, when and as required by law, on Business Days during Business Hours.
(d) Janitorial Services
(e) Cold and hot water at standard building temperatures to all lavatories, public or private, for ordinary drinking, cleaning, sanitary and lavatory purposes.
(i) Electric current.
(ii) Tenant shall make no substantial alterations or additions to the electric equipment and/or appliances utilized as at the time of the most recent survey by Landlord’s electrical consultant without first obtaining the written consent of Landlord. If any additional or substituted equipment and/or appliances are installed, or Tenant increases the use of electrical current in the demised Premises, the Landlord may require an updated survey to be made and Tenant shall reimburse Landlord, as additional rent, for the reasonable fees and expenses of the electrical consultant.
(iii) Landlord shall not in any way be responsible or liable to Tenant at any time for any loss, damage or expense resulting from any change in the quantity or character of the electric service or for its being no longer suitable for Tenant’s requirements or from any cessation or interruption of the supply or current, nor shall any such loss, damage or expense, or non supply of electric service or current in any way affect the terms of this Lease.
(iv) Tenant covenants and agrees that at all times its use of electric current shall never exceed, the capacity provided_by Landlord. Tenant shall make no changes, alterations, additions substitutions (“changes”) to any risers, conduits, meters, panel boxes, switch gear, wiring, any other part of the electric service without the express prior written consent of Landlord. Any changes requested by Tenant shall be sent in writing to Landlord, and it: in the sole judgement of Landlord, such changes will not cause or create a dangerous or hazardous condition or damage or injury to the Building, or entail excessive or unreasonable alterations or repairs, or interfere with or disturb other tenants or occupants and/or the service then or thereafter to be supplied to tenants or occupants, Landlord will, at sole cost and expense of Tenant, make such changes. Tenant covenants and agrees to pay Landlord for such costs and expenses, as additional rent hereunder, upon the rendition of a xxxx indicating the amount due therefore.
(v) Landlord reserves the right to terminate the furnishing of electricity to the demised Premises at any time, upon not less than sixty (60) days written notice to the tenant, in which event, Tenant may make application directly to the utility company servicing the Building for the Tenant’s entire separate supply of electric current, and Landlord shall permit its wires and conduits, to the extent available and safely capable, to be used for such purpose. Any meters, risers or other equipment or connections necessary to enable Tenant to obtain electric current directly from such utility company shall be installed at Landlord’s sole cost and expense incompliance with all applicable laws, ordinances and regulations and requirements of insurance companies and fire underwriters. No action alterations, modifications or changes shall be made by the Tenant to any meters, risers or other equipment or connections in the Building or interfere with the use enjoyment, occupancy or possession of the Building by Landlord and its other tenants. Rigid conduit only, or such other type as may be specified by Landlord, will be taken allowed. The Landlord, upon the expiration of the time set forth in the aforesaid notice to the Tenant, may discontinue furnishing the electric current, in which later event, the Tenant’s liability for the Electric Energy Charge provided for in this Lease shall terminate as of the date of discontinuance of the supplying of electric current, but this Lease shall otherwise remain in full force and effect. Unless required by law, however, Landlord shall not discontinue furnishing electricity to the demised Premises until after Tenant shall have made arrangements to obtain its electricity directly from the utility company supplying the Building unless Tenant shall have Failed to act with due diligence in making such arrangements.
(g) Electrical lighting, cleaning and maintenance of the common areas of the Building and Land.
(i) Tenant acknowledges that Landlord is required to furnish electricity, elevators, water, air conditioning, heat, ventilation, building maintenance and other facilities and services (herein collectively referred to as “building services”) only during Business Hours {as hereinafter defined). If Tenant uses the Premises outside Business Hours (herein after referred to as “extra hours”), Landlord shall provide building services to Tenant provided that (I) Tenant pays to Landlord, as additional rent, a special charge (hereinafter referred to as “extra hours charge”), (2) Tenant’s request for the same shall be received by Landlord under Section 6.03(aprior to 2:00 P,M. on the day on which extra hours service is required after Business Hours on weekdays, prior to 2:00 P ,M. on the preceding business day for any required extra hours service before Business Hours on weekdays, prior to 2:00 P.M. of the prior Business Day if extra hours service is required before or after Business Hours on a Saturday, Sunday or holiday.
(ii) or 6.03The extra hours charge shall be a standard hourly rate which Landlord shall determine and may adjust from time to time, based upon the actual cost of providing and maintaining building services and electric current for a minimum four (4) hour period.
Appears in 1 contract
Samples: Lease Agreement (Tangoe Inc)
LANDLORD'S SERVICES. 6.01. Landlord shallshall furnish:
(a) maintain Cooled or heated air in season to provide a temperature condition required, in Landlord’s reasonable condition and repair the roofjudgment, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas for comfortable occupancy of the Building;Premises under normal business operations and in the absence of the use of equipment which affects the temperature or humidity which would otherwise be maintained in the Premises, daily from 8:00 a.m. to 6:00 p.m. (Saturdays 8:00 a.m. to 1:00 p.m.), Sundays and holidays recognized by the federal or state government excepted (unless chosen to be open by Landlord). If the use of heat generating equipment in the Premises affects the temperatures otherwise maintained by the air conditioning system for normal business operations, and thereby requires, in the reasonable judgment of Landlord, the modification of the air conditioning or ventilation systems (including installation of supplementary air conditioning units in the Premises) Landlord may elect to perform such modification, and the cost thereof shall be paid by Tenant to Landlord at the time of completion of such modification, or Landlord may elect to require Tenant to perform such modification, at Tenant’s sole cost and expense. Any increased expense in maintaining or operating the system resulting, in Landlord’s reasonable opinion, from such modification shall be paid by Tenant. In addition, Tenant shall, at Tenant’s expense, perform all maintenance on any supplementary air conditioning units installed in accordance with this Section 8.01(a) unless, in the exercise of its right hereby expressly reserved, Landlord elects to perform part or all of such maintenance at Tenant’s expense. Tenant agrees to keep and cause to be kept closed all windows in the Premises and at all times to cooperate fully with Landlord in the operation of said system and to abide by all reasonable regulations and requirements which Landlord may prescribe to permit the proper functioning and protection of said heating, ventilation and air conditioning systems.
(b) furnish reasonable amounts of heat and air-conditioning Washroom facilities, not within the Premises (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysunless Tenant leases an entire floor), and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided for use by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, Tenant in lieu of Saturday HVAC hours, Tenant shall be provided common with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available other tenants in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will Janitor service in and about the Premises as customarily provided in similar office buildings in the City of Chicago, Illinois area, Saturdays, Sundays and Holidays excepted.
(d) Passenger elevator service in common with other tenants and occupants, daily from 8:00 A.M. to 6:00 P.M., Saturdays, Sundays and Holidays excepted. Such normal passenger elevator service, if furnished at other times, shall be taken by optional with Landlord under Section 6.03(a) or 6.03and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger service daily at all times such normal passenger service is not furnished. Landlord shall provide limited freight elevator service at such times as Landlord shall determine.
Appears in 1 contract
Samples: Office Lease
LANDLORD'S SERVICES. 6.01. (a) Landlord shallshall render certain services and supplies in accordance with and as described in this Paragraph 17, as follows:
(ai) maintain in reasonable condition Landlord shall cause the Premises to be cleaned at least five (5) nights weekly.
(ii) Landlord shall furnish electric current for Building standard tenant lighting and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas small business machinery only from electric circuits designated by Landlord for Tenant's use. Such circuits will be fed into one or more of the existing electrical panel(s) in the electrical closets located on the same Building floor as the Premises. Tenant's usage of said panels on any given floor shall not exceed Tenant's pro rata share (based on rentable square footage) of the panels' capacity. Tenant will not use any electrical equipment which in Landlord's opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building;. Tenant will not, without Landlord's prior written consent in each instance, connect any items such as non-Building standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, and other computer-related equipment to the Building's electrical system, or make any alteration or addition to the system. If Tenant desires any such items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided above, electric current in excess of 208/120 volts for purposes other than Building standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such supplemental power or circuits to the Premises, which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord the cost of the design, installation and maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at such rates as may be reasonably determined from time to time by Landlord. Landlord require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on demand, the cost of the design, installation and maintenance of such metering facilities. Tenant shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord (and which shall be priced competitively). All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant.
(biii) Landlord shall furnish reasonable amounts of heat seasonable air conditioning and air-conditioning heating during normal business hours (.HVAC.) 7:00 A.M. to the Demised Premises from 8:00 a.m. until 6:00 p.m. on 7:00 P.M. Monday through Friday except holidaysand 8:00 A.M. until 12:00 P.M. Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestChristmas Day. After hours HVAC shall be provided by Should Tenant desire either heating or air conditioning at other times, Landlord upon request of agrees to provide same, but at Tenant's expense at Twenty Five ($25.00) Dollars per hour, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, which charge Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as pay promptly upon being billed therefor. If Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year installs equipment which in Landlord's opinion produces enough heat to the next. Chilled fluid lines shall be available cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to obtain design a supplemental air conditioning on a twenty-four (24) hour basissystem, but subject to Landlord's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for all installation determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount consumption of electricity for normal office use in the Demised Premises; however, Landlord's agreement supplemental air conditioning and to furnish electricity does not include electricity for electrical maintain such equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If such supplemental air conditioning is installed at the request of either Tenant or Landlord defaults in a manner that utilizes the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04)Building condenser water loop, Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of pay a one-time provided for elsewhere in this Leasetap fee, and otherwise payable within thirty (30) consecutive days after of invoicing from Landlord, at Landlord's then established rate for such. Tenant shall also pay for the delivery necessary pump and piping to connect the supplemental air conditioning equipment to the Building condenser water risers. Regardless of whether such notice supplemental air conditioning is tapped into the Building condenser water loop, Tenant shall pay (except that in addition to the one-time tap fee, if such default cannot be cured within said thirty (30applicable) day periodeach calendar quarter in advance, as additional rent, a usage charge based upon the tonnage of the cooling equipment installed. At the commencement of the Term, this period usage charge shall be extended for a reasonable additional Two Hundred Dollars ($200.00) per ton per year of cooling equipment. Such usage charge may be increased at any time and from time to time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if in no event will such usage charge, as increased hereunder, ever be decreased. All systems and/or equipment installed, as provided hereinabove, shall become part and parcel with the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of TenantBuilding and forever remain Landlord's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordproperty.
6.03. If, in Landlord's opinion, any Tenant shall:
(aiv) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable mannerIn addition thereto, Landlord may install meters measuring the quantity of such utility used in the Demised Premises shall furnish all other necessary and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner appropriate services as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in defined as "Operating Expenses; and" in Exhibit "C" attached hereto and made part hereof.
(b) require removal Landlord shall not be liable for any damages directly or indirectly resulting from the installation, use or interruption of refuse use of any equipment in connection with the furnishing of services referred to in this Paragraph, and rubbish particularly any interruption in larger quantities or more often than is services by any cause beyond the immediate control of Landlord, provided Landlord shall use reasonable diligence in the rendering restoration of janitorial servicesuch services. In the event that there is an interruption of essential services (i.e. electricity, heat, cooling, etc.) to the Building or Premises for a period of more than three (3) consecutive business day and such interruption is within the reasonable control of Landlord, Base Rental shall abate beginning on the fourth (4th) day following such interruption xxx shall continue to abate until such services are restored to the Building or Premises. Xx xny such interruption continues for more than thirty (30) consecutive days, then Tenant on demand shall pay have the removal cost right to Landlord.
terminate the Lease upon not less than fifteen (c15) No action will days prior written notice. Notwithstanding, said termination notice must be taken received by Landlord under Section 6.03(awithin ten (10) days of such interruption or 6.03said right is hereby forfeited.
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
, at its expense, furnish the Premises with (ai) maintain in electricity subject to Item 9 of this Lease; (ii) heat and air conditioning during reasonable condition and repair usual business hours (exclusive of Saturday afternoons, Sundays and nationally-recognized holidays) reasonably required for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas occupation of the Building;
(b) furnish reasonable amounts of Premises, such heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by utilizing the existing Building systems, it being expressly understood and agreed by the parties that Landlord upon request specifically shall not be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the equipment to function properly, or while it is being repaired, or due to any governmental laws, regulations or restrictions pertaining to the furnishing or use of such heat and air-conditioning; (iii) elevator service; (iv) lighting replacement for customary fluorescent lighting provided by Landlord; (v) toilet room supplies; (vi) daily janitor service during the time and in the manner that such janitor service is customarily furnished in first class office Buildings in the metropolitan area where the Building is located; (vii) water; and (viii) sewerage. The foregoing services are designated “Building Standard”. Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, more complete or specialty services and maintenance (over Building Standard) are required, then Tenant solely shall be and is responsible for same and for any and all expenses and costs of any nature whatsoever associated with same. To this end, Tenant is and shall be solely responsible for any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded Tenant improvements in the Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and facilities serving the Premises, refundable security deposits for after-hours building access cards, etc. In the event Tenant requests that Landlord provide to the Premises any form of specialty services for purposes identified by Tenant to be the responsibility of the Landlord and the results of such specialty services indicate that Tenant’s perceived problem does not exist or that Landlord is not responsible for the cause of Tenant’s request, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but then Tenant shall be responsible for all installation any expenses and energy costs of any nature whatsoever associated therewith;
(c) provide sufficient elevator service with Tenant’s request. Tenant’s request to Landlord for reasonable access such specialty services shall be in writing and delivered to the Demised Premises;
(d) furnish reasonable janitorial services for Landlord at the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long notice address as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere defined in this Lease, and otherwise within thirty (30) consecutive days after the delivery of or such notice (except that if such default canother address as Landlord may require. Landlord shall not be cured within said thirty liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent or Additional Rent herein set forth be reduced or abated by reason of, (301) day periodinstallation, this period shall be extended for a use, or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (2) failure to furnish, or delay in furnishing, any such services when such failure or delay is caused by accident or any condition beyond the reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess or by the making of 24 hours after necessary repairs or improvements to the Premises or to the Building or because of receipt by Landlord of Tenant's verbal notice of such failureany governmental laws, Tenant may terminate this Lease regulations or pursue any other remedy available at law or in equityrestrictions. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive The temporary failure to furnish any such termination. No action on the part services shall not be construed as an eviction of Tenant shall limit or prejudice relieve Tenant from the right duty of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. Ifobserving and performing each, in Landlord's opinionevery, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If provisions of this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to LandlordLease.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Agreement (Metastorm Inc)
LANDLORD'S SERVICES. 6.01. (a) Landlord shallshall render services and supplies incidental to this Lease in accordance with and as described in this paragraph 12, as follows:
(ai) maintain in reasonable condition Landlord shall furnish electric current for standard tenant lighting and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas business machinery only from electric circuits designated by Landlord for Tenant’s use. Such circuits will be fed into one or more of the existing electrical panel(s) in the electrical closets located in the Premises. Tenant’s usage or said panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building;
. Tenant will not, without Landlord’s prior written consent in each instance, connect any items such as non-Building standard tenant lighting, vending equipment, printing or duplicating machines, computers (b) furnish reasonable amounts of heat other than desktop word processors and airpersonal computers), auxiliary air conditioners, and other computer-conditioning (.HVAC.) related equipment to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysBuilding’s electrical system, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestor make any alteration or addition to the system. After hours HVAC shall be provided by If Tenant desires any such items, addition 208/120 volts for purposes other than Building standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord upon to provide such supplemental power or circuits to the Premises, which request of Tenant, so long as all costs of providing Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hourspower or circuits, Tenant shall pay Landlord, on demand, the cost of the design, installation and maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at a rate not to exceed that which would be provided with three hundred (300) free hours charged by Georgia Power Company, or its successor, if Tenant were a direct customer thereof. Landlord may require separate electrical metering of HVAC service per year (pro rated for such supplemental electric power or circuits to the first Premises, and last lease years) at Tenant shall pay, on demand, the cost of the design, installation and maintenance of such times as metering facilities. Tenant may request; howevershall have access to all electrical closets in the Premises, there but it is agreed that any electrical engineering design or contract work shall be no carry over performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor approved by Landlord. All invoices respecting the design, installation and maintenance of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but facilities requested by Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise paid within thirty (30) consecutive days after of Tenant’s receipt thereof. Landlord’s charge to Tenant for the delivery cost of such notice (except that if such default cannot electric current so provided shall be cured paid within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after days of receipt of invoice by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal Landlord shall furnish seasonable air conditioning and heating during normal business hours (8:00 am to the cost of the utility used 6:00 pm Monday through Friday and 8:00 am. - 1:00 pm Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Should Tenant desire either heating or air conditiol1lng at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense at such hourly rates equal as may be determined from time to the rate that the supplying utility company with its own equipment would then time by Landlord, which charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to shall pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; andpromptly upon being billed therefor.
(b) require removal Landlord shall not be liable for any damages directly or indirectly resulting from the installation, use of refuse interruption of use of any equipment in connection with the furnishing of services referred to in this Paragraph, and rubbish particularly any interruption in larger quantities or more often than is services by any cause beyond the immediate control of Landlord, provided Landlord shall use reasonable diligence in the rendering restoration of janitorial service, Tenant on demand shall pay the removal cost to Landlordsuch services.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
, at its expense, furnish the Premises with (ai) maintain in electricity subject to Item (ii) heat and air conditioning during reasonable condition and repair usual business hours (exclusive of Saturday afternoons, Sundays and nationally-recognized holidays) reasonably required for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas occupation of the Building;
(b) furnish reasonable amounts of Premises, such heat and air-conditioning (.HVAC.) to be provided by utilizing the existing Building systems, it being expressly understood and agreed by the parties that Landlord specifically shall not be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the equipment to function properly, or while it is being repaired, or due to any governmental laws, regulations or restrictions pertaining to the Demised Premises from 8:00 a.m. until 6:00 p.m. on furnishing or use of such heat and air-conditioning; (iii) elevator service; (iv) lighting replacement for customary fluorescent lighting provided by-Landlord; (v) toilet room supplies; (vi) daily janitor service during the time and in the manner that such janitor service is customarily furnished in first class office Buildings in the metropolitan area where the Building is located; (vii) water; and (via) sewerage. The foregoing services are designated “Building Standard”. Tenant will pay $35.00 per hour per floor (this price is subject to change) for HVAC after normal business hours which are: Monday through Friday except holidays8:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. - 12:00 noon. Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, more complete or specialty services and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC maintenance (over Building Standard) are required, then Tenant solely shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for same and for any and all expenses and costs of installation any nature whatsoever associated with same. To this end, Tenant is and which consent shall be deemed solely responsible for any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded Tenant improvements in the Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and faculties serving the Premises, etc. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent or Additional Rent herein set forth be reduced or abated by reason of, (1) installation, use, or interruption of use of any equipment in connection with the furnishing of any of me foregoing services, or (2) failure to have been granted if furnish, or delay in furnishing, any such requirement services when such failure or delay is contained in Exhibits! C caused by accident or C-l any condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises or to the Building or because of any governmental laws, regulations or restrictions. The temporary failure to furnish any such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing each, every, any and all of the provisions of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Subject to the provisions of this Lease, Landlord shallshall provide the following services:
(a) At Landlord’s expense (subject to recovery in accordance with Section 4.4 above), maintain in reasonable condition and repair make all necessary repairs and replacements to the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas Common Areas of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective structural elements of the foregoingBuilding (including the Building Systems), but excluding those portions of the Premises and the Building required to be repaired or maintained by Tenant pursuant to Article 9 of this Lease. Except as to each whole floor occupied by Tenant, otherwise expressly provided in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; howeverthis Lease, there shall be no carry over allowance to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any unused free hours from repairs (without incurring overtime or premium labor charges).
(b) At Landlord’s expense (subject to recovery in accordance with Section 4.4 above), provide Building standard elevator service during Business Hours, and have one calendar year elevator on call at all other days and times.
(i) At Landlord’s expense (subject to recovery in accordance with Section 4.4 above), operate the next. Chilled fluid lines shall be available base Building air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during Business Hours seasonally in accordance with the design specifications set forth on Exhibit G. Tenant acknowledges that the windows are hermetically sealed and shall not open and Landlord makes no representation as to permit Tenant to obtain supplemental the habitability of the Premises at any time the central ventilating and air conditioning on a twenty-four systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3, subject to the provisions of Section 7.3.2 below. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one (241) hour basisperson for each 150 square feet in any separate room or area or if Tenant installs and operates machines, but incandescent lighting and appliances the total connected electrical load of which exceeds 5 xxxxx per square foot of usable area in any separate room or area.
(ii) If Tenant shall be responsible for all installation and energy costs associated therewith;
request heating, ventilation or air conditioning at any times other than during Business Hours (c) “Overtime HVAC Service”), Landlord shall provide sufficient elevator service for reasonable access the same, subject to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l provisions of this Lease;
, provided that Tenant shall give notice (f) furnish which shall be given in the first floor lobby manner prescribed by Landlord’s property manager, which is currently an Internet based notice system on a program entitled “Angus”) requesting Overtime HVAC Service to Landlord’s Building manager or other representative in charge of the Building a directory of the firm or business names of tenants of the Building: and
(gx) provide access prior to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults 1:00 P.M. in the performance or observance case of any provision of Paragraph 6.01 Overtime HVAC Service on Business Days and (except y) and prior to 1:00 P.M. on the extent permitted under Paragraph 6.04), Business Day immediately preceding the day on which Tenant shall give Landlord notice specifying desire such Overtime HVAC Service, in what manner Landlord has defaulted and if the case of Overtime HVAC Service on a Saturday, Sunday or Holiday. Tenant shall pay to Landlord, for such default shall not be cured by Landlord within the period of time provided for elsewhere in this LeaseOvertime HVAC Service, and otherwise as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) consecutive days after demand. If Tenant shall request Overtime HVAC Service on a non-Business Day for a period of less than four (4) hours, Tenant shall pay for a minimum of four (4) hours of Overtime HVAC Service. If any other tenants of the delivery Building whose premises are served by the same HVAC System as the Premises shall request Overtime HVAC Service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such notice other tenant(s) requesting such Service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such Service but who shall not have so requested such Service. Landlord’s current Building standard charge for Overtime HVAC Service is $150 per hour per floor, which is subject to increase from time to time.
(except that d) At Landlord’s expense (subject to recovery in accordance with Section 4.4 above), furnish cold New York City water in the Premises for lavatory and drinking and office cleaning purposes, and furnish hot and cold water in the base Building lavatories on the floor(s) on which the Premises are located. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further shall pay for the maintenance of said meter equipment and/or pay Landlord’s cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the actual cost charged to Landlord of all water consumed (including costs of generating hot water, if such default cannot be cured any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences days after bills are rendered.
(e) At Landlord’s expense (subject to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such curerecovery in accordance with Section 4.4 above), furnish office cleaning service on Business Days in accordance with the specifications set forth in Exhibit H. Tenant may terminate this Lease or pursue any other remedy available at law or in equity shall pay to Tenant; provided, however, that if Landlord the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of reasonable costs incurred by Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(ax) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used extra cleaning in the Demised Premises and Tenant, on demand, shall pay Landlord required because of (i) all costs incident to said installation and necessary appurtenances thereto and misuse or neglect by Tenant or its employees or business visitors, (ii) additional rent equal to the cost use of portions of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant Premises for such service. If this method preparation, serving or consumption of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid food or beverages or other special purposes (except mail room) requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities greater or more often difficult cleaning work than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03office areas,
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. A. Landlord shallshall furnish the following at no additional cost to Tenant during regular hours of operation (see Paragraph 11) but subject to additional costs at other times:
(a1) maintain in reasonable condition Electricity for routine lighting and repair the roofoperating of general office machines such as typewriters, foundationdictating equipment, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of heat and airdesk-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysmodel adding machines, and on Saturdays the like, which use 110-volt electric power. The electrical capacity available to Tenant from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC time to time shall be provided identified by Landlord upon written request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by from Tenant. Irrespective of the foregoingExcept as provided in subparagraph 10(G) above, as to each whole floor occupied heavier use items shall not be used or installed, unless specified by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior separate written consent is obtainedof Landlord, which consent shall not be unreasonably be withheld so long as Tenant is responsible for withheld. The purchase price and all installation costs of the above items will be borne solely by Tenant. Tenant will not install any equipment beyond that listed above, including any expansion of said systems, without Landlord's written consent, which shall not be unreasonably withheld, and Tenant may be subject to an additional charge for actual electrical power consumption. In the event that additional air conditioning is required as a result of the above-listed items, the cost of such equipment and the installation and which consent of same shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;borne by Tenant.
(f2) furnish in Heat and air conditioning which is reasonably required for the first floor lobby comfortable occupation of the Building, subject to any governmental laws, regulations or restrictions pertaining to the furnishing or use of such heat and air conditioning. As of the Commencement Date, the temperatures which are reasonably required for the comfortable occupation of the Building range from 72 to 78 degrees for both heating and for air conditioning.
(3) Elevator service.
(4) Toilet room supplies.
(5) Window washing with reasonable frequency, but no less than twice a directory year.
(6) Nightly janitorial service in the manner that such janitorial service is customarily furnished in first class office buildings in Tampa, Florida, no less than five (5) days a week.
(7) Water and sewage disposal.
B. Services to be provided by Landlord hereunder shall be subject to all of the firm or business names of tenants Rules and Regulations of the Building: andBuilding established by the Landlord from time to time. The current Rules and Regulations are attached to this Lease as Exhibit
(g) provide access C. Landlord reserves the right to hookups to any public or private right-of-ways adjacent to modify and amend the Land for utilities or other communications systems available to Landlord or Tenant Rules and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within Regulations on thirty (30) consecutive days after the delivery of such written notice to Tenant (except that if such default cannot be cured within said thirty (30) day period, this period for life-safety items for which no notice shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30required) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordso long as all Tenants are treated equally.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. So long as no Event of Default exists under this Lease, Landlord shallshall provide the following services on all Business Days during the Term unless otherwise stated:
(ai) maintain in reasonable condition Water for normal lavatory and repair the roofdrinking purposes at all times. Provided, foundationif Tenant requires, structure, infrastructure, utilities, HVAC, uses or consumes water for any other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hourspurposes, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than agrees that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install a meter or meters measuring the quantity of such utility used or other means to measure Tenant's water consumption in the Demised Premises Premises, and Tenant, on demand, shall pay Tenant further agrees to reimburse Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to for the cost of the utility used at rates equal to meter or meters and the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilizedinstallation thereof, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant and to pay more than for the excess utilities maintenance of said meter or meters and its ratable share to pay Landlord's cost of normal utilities usage included in Operating Expenses; and
other means of measuring such water consumption by Tenant within ten (b10) require removal days after the rendition of refuse and rubbish in larger quantities a xxxx thereof. Tenant shall reimburse Landlord for all water consumed as measured by said meter or more often than is reasonable in meters or as otherwise measured, including sewer rents at the rendering rates established by Landlord from time to time. The costs or charges which Landlord shall be entitled to collect from Tenant pursuant to this Section 7.01 shall be collectable as an item of janitorial service, Tenant on demand shall pay the removal cost to LandlordAdditional Rent.
(cii) No action will Heating and air conditioning when necessary for normal comfort in the Premises during Business Hours of all Business Days. The heating and air conditioning system shall be taken by sufficient to provide reasonable comfort, within tolerances normal in first class office buildings. If Tenant shall require air conditioning service After Hours, Landlord under Section 6.03(ashall furnish such After Hours air conditioning service upon reasonable advance notice from Tenant in accordance with Landlord's policies on After Hours service, and Tenant shall pay Landlord's then established charges therefor on Landlord's demand.
(iii) or 6.03Electricity.
Appears in 1 contract
Samples: Lease Agreement (Tenera Inc)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) The Landlord shall provide climate control to the Premises during Normal Business Hours to maintain in a temperature adequate for normal occupancy, except during the making of repairs, alterations or improvements, provided that the Landlord shall have no liability for failure to supply climate control service when stopped as aforesaid or when prevented from doing so by repairs, or causes beyond the Landlord’s reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;control.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) Subject to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday Rules and Regulations, the Landlord shall provide elevator service during Normal Business Hours for use by the Tenant in common with others, except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestwhen prevented by repairs. After hours HVAC shall be provided The Landlord will operate at least one passenger elevator for use by Landlord upon request of Tenant, so long as tenants at all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available except in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount case of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities fire or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordemergencies.
(c) No action The Landlord will provide cleaning services in the Building consistent with the standards of a first class office building (excluding interior glass areas and areas used exclusively for computer equipment) provided that the Tenant at the end of each business day shall provide access to the persons performing the janitor services and leave the Premises in a reasonably clean and tidy condition.
(d) Subject to Section 2.08, the Landlord shall make available to the Premises electricity for normal lighting and miscellaneous power requirements and, in normal quantities gas, water, and other public utilities generally made available to other tenants of the Building by the Landlord.
(e) The Tenant shall not install any equipment or systems that will exceed, or overload the capacity or interfere with the normal operation of the heating, ventilating or air-conditioning or any other service or facility in the Building and agrees that if any equipment or systems installed by the Tenant requires additional heating, ventilating or air-conditioning equipment system or any other service or facility, as determined by the Landlord acting reasonably, the same shall be installed at the Tenant’s expense. If installation of any equipment, fixture or system on the Premises by the Tenant necessitates rebalancing or readjustment of the heating, ventilating and air-conditioning system by the Landlord, the same will be taken performed by the Landlord under Section 6.03(aat the Tenant’s sole expense. The Tenant shall not, without the Landlord’s prior written consent in each instance, connect any equipment, fixtures, systems or appliances (other than normal office electrical fixtures, computers, typewriters, word processors, small office machines and lamps) to the Building’s electric distribution system or 6.03make any alteration or addition to the electric system of the Premises.
(f) Wherever this Lease provides that the Tenant is to pay a cost or expense to the Landlord as an item of Additional Rent (except for Operating Costs, Taxes, Premises utilities and the 15% administration fee referred to in this Section), the Tenant shall pay, in addition to such cost or expense, the Landlord’s administration charge of 15% of such cost or expense, which cost shall also be an item of Additional Rent. The Tenant shall pay to the Landlord the costs of all such services provided at the Tenant’s request or otherwise provided for herein and which are not included in Operating Costs including, without limitation: (i) the provision of HVAC services outside of Normal Business Hours or utilities of a special nature; (ii) replacement of non-standard electric light fixtures, ballasts, tubes, starters, lamps, light bulbs and controls; (iii) special janitorial or cleaning services; (iv) special security services; (v) locksmith services; (vi) operating elevators used or reserved for the sole benefit of the Tenant and supervising the operation of the elevator and movement of furniture, equipment, freight and supplies for the Tenant; (vii) construction of any Leasehold Improvements or other work performed at the request of or on behalf of the Tenant; and (viii) other services performed at the request of or on behalf of the Tenant. HSBC Office Master Mar 2012 SIERRA ONCOLOGY-HSBC 2150-MAY 2 2017/LT
Appears in 1 contract
Samples: Office Lease (Sierra Oncology, Inc.)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition Landlord shall furnish seasonal air conditioning and repair heating from 7:00 A.M. to 6:00 P.M. on Mondays through Fridays and from 7:00 A.M. until 1:00 P.M. on Saturdays ("Business Hours") except holidays observed by the roofCity of Atlanta, foundationState of Georgia, structure, infrastructure, utilities, HVAC, other the federal government or labor unions servicing the Building operating systems, exterior and common areas ("Business Days"). As of the Building;
date of this Lease, New Year's Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (b) furnish "Holidays"). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided advance written request by Landlord upon request of Tenant, so long but at Tenant's expense and at such hourly rates as all costs of providing such after hours service, as reasonably estimated may be determined from time to time by Landlord, are borne which charge Tenant shall pay promptly upon demand by TenantLandlord. Irrespective Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the foregoingsun's position, as and Tenant also agrees at all times to each whole floor occupied cooperate fully with Landlord and to abide by Tenantall the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, in lieu ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of Saturday energy. Landlord will not be responsible for failure of the HVAC hours, System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per two hundred (200) square feet of usable area or if Tenant shall be provided use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant's partitions are arranged in a way which interferes with three hundred (300) free hours the normal operation of the HVAC service per year (pro rated for System, Landlord may elect to make changes to the first HVAC System or the ducts, and last lease years) at such times as Tenant may request; however, there the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access to mechanical installations in the Premises or interfere with the moving of Landlord's equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. Provided that Tenant's Plans set forth in Exhibit D and Tenant's occupancy ratio do not exceed the formulas set forth in this Subparagraph (a), no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines Additional Rent or other expense shall be available charged by Landlord for HVAC services. If Tenant installs equipment which in Landlord's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to obtain design a supplemental air conditioning on a twenty-four (24) hour basissystem, but subject to Landlord's approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for all installation determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord's architect and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount engineer, installation, metering and consumption of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent supplemental air conditioning. Any such system shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground maintained, at Tenant's sole cost and expense, by a contractor approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning system. Landlord shall provide after hours HVAC upon request given twenty-four (24) hours in advance, at Landlord's then current charge. Landlord's current charge is $35.00 per hour.
6.02. If (b) Landlord defaults shall cause the Premises (excluding any areas used for security or for the storage, preparation, service or consumption of food or beverage) to be cleaned five (5) days per week, excluding Holidays, in the performance manner described in Exhibit F attached hereto and made a part hereof, provided that Tenant shall keep the Premises in order. Tenant shall not provide any janitorial services without Landlord's prior written consent and then subject only to supervision by Landlord and by a janitorial contractor or observance employees at all times satisfactory to Landlord. Any such services provided by Tenant shall be at Tenant's sole risk, cost and responsibility. Tenant shall pay the cost of removing any provision of Paragraph 6.01 (except Tenant's refuse and rubbish from the Premises and the Building to the extent permitted under Paragraph 6.04)that the same, in any one day, exceeds the average daily amount of refuse and rubbish accumulated in the use of such Premises as offices, as described in Landlord's cleaning contract or recommended by Landlord's cleaning contractor. Bills rendered by Landlord shall be paid as Additional Rent within ten (10) days after demand. Tenant shall give cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord notice specifying and to be treated whenever there is evidence of any infestation. Landlord shall have no obligation to clean, repair, replace or maintain any "private" plumbing fixtures or facilities.
(c) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant's use. Such circuits shall be fed into one or more of the existing electrical panel(s) in what manner Landlord has defaulted and if such default the electrical closets located on the same Building floor as the Premises. Tenant's usage of the panels on any given floor shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of exceed Tenant's verbal notice pro rata share (based on rentable square footage) of such failure, the panels' capacity. Tenant may terminate this Lease or pursue agrees that at no time will the connected electrical load in the Premises exceed in the aggregate five (5) xxxxx per usable square foot of the Premises. Tenant will not use any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. Ifelectrical equipment which, in Landlord's opinion, will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant will not, without Landlord's prior written consent in each instance, connect any Tenant shall:items such as non-Building standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, and other computer-related equipment to the Building's electrical system or make any alteration or addition to the system.
(ad) use any utilityLandlord shall maintain the Common Areas including, including but not limited to electricity or waterto, the corridors, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building and the structure itself, in an excessivegood order and condition, extravagant or unreasonable manner, Landlord may install meters measuring except for damage occasioned by the quantity act of such utility used in the Demised Premises and Tenant, on its agents, servants, employees, guests of invitees, which damage shall be repaired by Landlord at Tenant's expense.
(e) Landlord shall furnish hot and cold water for ordinary drinking, cleaning and lavatory purposes. If Tenant requires, uses or consumes water for other purposes, Tenant agrees to install and pay for the cost and maintenance of a meter or other means to measure Tenant's water consumption. Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water) as Additional Rent, within ten (10) days after demand.
(f) Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall pay Landlord the Rent herein reserved be abated by reason of: (i) all costs incident to said installation the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and necessary appurtenances thereto and services; (ii) additional rent equal failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the cost of the utility used at rates equal Premises or to the rate Building provided that such repairs and improvements are made in a diligent manner, or (iii) the supplying limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility company with its own equipment would then charge Tenant for such servicewhatsoever serving the Premises or the Building. If this method No diminution or abatement of furnishing utilities to Tenant is utilized, an adjustment Rent or other compensation will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment claimed by Tenant as a result therefrom, and no obligations of its own utilities in Tenant shall be affected or reduced by reason of such a manner as to avoid requiring Tenant to pay more than interruption, curtailment or suspension, and the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities same shall not constitute an actual or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordconstructive eviction.
(cg) No action will Landlord shall provide elevator service to the Premises during Business Days, and subject to Subparagraph (f) above, on call at all other times.
(h) Except as specifically provided in this Lease, Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year.
(i) Any sums payable under this Paragraph 5 shall be taken by considered Additional Rent and may be added to any installment of Rent thereafter becoming due and shall accrue late charges as Rent as set forth in Paragraph 16 of this Lease, and Landlord under Section 6.03(a) or 6.03shall have the same remedies for a default in payment of such sums as for a default in the payment of Rent.
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. (a) Landlord shallshall render certain services and supplies in accordance with and as described in this Paragraph 17, as follows:
(ai) maintain in reasonable condition Landlord shall cause the Premises to be cleaned at least five (5) nights weekly.
(ii) Landlord shall furnish electric current for Building standard tenant lighting and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas small business machinery only from electric circuits designated by Landlord for Tenant's use. Such circuits will be fed into one or more of the existing electrical panel(s) in the electrical closets located on the same Building floor as the Premises. Tenant's usage of said panels on any given floor shall not exceed Tenant's pro rata share (based on rentable square footage) of the panels' capacity. Tenant will not use any electrical equipment which in Landlord's opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building;. Tenant will not, without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed in each instance, connect any items such as non-Building standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, and other computer-related equipment to the Building's electrical system, or make any alteration or addition to the system. If Tenant desires any such items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided above, electric current in excess of 208/120 volts for purposes other than Building standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such supplemental power or circuits to the Premises, which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord the cost of the design, installation and maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at such rates as may be determined from time to time by Landlord. Landlord require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on demand, the cost of the design, installation and maintenance of such metering facilities. Tenant shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be performed at Tenant's expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant.
(biii) Landlord shall furnish reasonable amounts of seasonable air conditioning and heating during normal business hours (8:00 A.M. to 6:00 P.M. Monday through Friday and 8:30 A.M. until 1:00 P.M. Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and Christmas Day. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same, but at Tenant's expense at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon being billed therefor. The current charge for after hours heating or air-conditioning is $15.00 per hour which charge shall not increase by more than five percent (.HVAC.5%) annually, however if Landlord's cost of electricity increases by more than five percent (5%) annually, Landlord may increase this charge by a like amount. If Tenant installs equipment which in Landlord's opinion produces enough heat to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to obtain design a supplemental air conditioning on a twenty-four (24) hour basissystem, but subject to Landlord's approval, and Landlord shall install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for all installation determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount consumption of electricity for normal office use in the Demised Premises; however, Landlord's agreement supplemental air conditioning and to furnish electricity does not include electricity for electrical maintain such equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If such supplemental air conditioning is installed at the request of either Tenant or Landlord defaults in a manner that utilizes the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04)Building condenser water loop, Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of pay a one-time provided for elsewhere in this Leasetap fee, and otherwise payable within thirty (30) consecutive days after of invoicing from Landlord, at Landlord's then established rate for such. Tenant shall also pay for the delivery necessary pump and piping to connect the supplemental air conditioning equipment to the Building condenser water risers. Regardless of whether such notice supplemental air conditioning is tapped into the Building condenser water loop. Tenant shall pay (except that in addition to the one-time tap fee, if such default cannot applicable) each calendar quarter in advance, as additional rent, a usage charge determined by Landlord based upon the tonnage of the cooling equipment installed. Such usage charge as determined by Landlord may be cured within said thirty (30) day period, this period shall be extended for a reasonable additional increased at any time and from time to time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if in no event will such usage charge, as increased hereunder, ever be decreased. All systems and/or equipment installed, as provided hereinabove, shall become part and parcel with the Demised Premises is not supplied with utilities required pursuant Building and forever remain Landlord's property.
(iv) Landlord shall maintain the landscaping for the Building to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used same level as similar Class A buildings in the Demised Premises and TenantNorth Xxxxxx market of Atlanta, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; andGeorgia.
(b) require removal Except in cases of refuse its gross negligence, Landlord shall not be liable for any damages directly or indirectly resulting from the installation, use or interruption of use of any equipment in connection with the furnishing of services referred to in this Paragraph, and rubbish particularly any interruption in larger quantities or more often than is services by any cause beyond the immediate control of Landlord, provided Landlord shall use reasonable diligence in the rendering restoration of janitorial servicesuch services. Notwithstanding anything contained herein to the contrary, if any essential services (such as HVAC, passenger elevators if necessary for reasonable access, electricity, water), supplied by Landlord are interrupted, and the interruption does not result from the negligence or willful misconduct of Tenant, its employees, invitees, or agents, Tenant shall be entitled to an abatement of Base Rental and Additional Rent. The abatement shall begin on demand the fourth (4th) consecutive business day of the interruption or when Tenant stops using the Premises because of the interruption, whichever is later. The abatement shall pay end when the removal cost services are restored. Excluding the destruction of Premises covered by Paragraph 18 below, Tenant shall have the option to Landlordcancel the Lease if the interruption unreasonably and materially interferes with Tenant's use of or access to the Premises for at least one hundred twenty (120) consecutive days. To exercise this option Tenant must give Landlord notice of the cancellation within ten (10) days from the end of the one hundred twenty (120) day period. During any such interruption, Landlord shall use commercially reasonable efforts to restore the services.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Agreement (Compbenefits Corp)
LANDLORD'S SERVICES. 6.01. Landlord shallshall furnish:
(a) maintain Cooled or heated air in reasonable season to provide a temperature condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas required for comfortable occupancy of the Building;Premises under normal business operations and in the absence of the use of equipment which affects the temperature or humidity which would otherwise be maintained in the Premises. If the use of heat generating equipment in the Premises affects the temperatures otherwise maintained by the air conditioning system for normal business operations, and thereby requires, in the reasonable judgment of Landlord, the modification of the air conditioning or ventilation systems (including installation of supplementary air conditioning units in the Premises) Landlord may elect to perform such modification, and the cost thereof shall be paid by Tenant to Landlord at the time of completion of such modification, or Landlord may elect to require Tenant to perform such modification, at Tenant’s sole cost and expense. Any increased expense in maintaining or operating the system resulting, in Landlord’s reasonable opinion, from such modification shall be paid by Tenant. In addition, Tenant shall, at Tenant’s expense, perform all maintenance on any supplementary air conditioning units installed in accordance with this Section 8.01(a) unless, in the exercise of its right hereby expressly reserved, Landlord elects to perform part or all of such maintenance at Tenant’s expense. Tenant agrees to at all times to reasonably cooperate fully with Landlord in the operation of said system and to abide by all reasonable regulations and requirements which Landlord may prescribe to permit the proper functioning and protection of said heating, ventilation and air conditioning systems. Tenant acknowledges that heat pumps for the HVAC service are periodically shut down for service, which service is typically performed over weekends. All modifications and maintenance of the HVAC system under this Section 8.01(a) shall be coordinated and scheduled in advance with Tenant to the extent reasonably possible so as not to disrupt or interfere with Tenant’s business operations.
(b) furnish reasonable amounts of heat and air-conditioning Washroom facilities, not within the Premises (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysunless Tenant leases an entire floor), and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided for use by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, Tenant in lieu of Saturday HVAC hours, Tenant shall be provided common with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available other tenants in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will Janitor service in and about the Premises, Saturdays, Sundays and Holidays excepted substantially in accordance with Exhibit I attached hereto.
(d) Passenger and freight elevator service in common with other tenants and occupants at all times.
(e) All utilities necessary for the operation of the Building, including, without limitation, water, sewer, power, fuel, telephone, cable and lighting.
(f) An access control system and periodic roving security patrol for the Building, including the Garage. Tenant may coordinate the access control system it installs for the Premises with the Building access control system.
(g) Pest and vermin control and extermination services for the Premises. Landlord shall furnish all such services in the manner as customarily provided in similar Class A office buildings in the applicable submarket and for which the Building has been designed, or at such higher standards as may be taken reasonably requested by Landlord under Section 6.03(a) or 6.03Tenant.
Appears in 1 contract
Samples: Lease Agreement (Bazaarvoice Inc)
LANDLORD'S SERVICES. 6.0115.01. Landlord shall:shall at all times during the term of this lease operate the Building in a manner that is consistent with the standards befitting a first-class office building in Midtown Manhattan, which shall include, without limitation, the provision of the services and utilities hereinafter set forth in this Article 15, without additional charge to Tenant, except as may be expressly set forth below (provided however that the foregoing shall not be deemed to prohibit Landlord from including the costs of any such services or utilities in Operating Expenses subject to and in accordance with the provisions of Article 3 hereof). Tenant hereby acknowledges that, as of the date of this lease, the Building is operated in a manner that is consistent with the standards befitting a first-class office building in Midtown Manhattan prevailing as of the date of this lease; PROVIDED, HOWEVER that the foregoing shall not be deemed to relieve Landlord from its obligation to operate the Building in a manner consistent with the standards befitting a first-class office building in Midtown Manhattan, as such standards may change from time to time during the term of this lease.
(a) maintain in reasonable condition Landlord will provide from and repair after the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas Commencement Date with respect to each floor of the Building;Premises the following services to the Premises in the manner hereinafter more particularly set forth: (i) heat, ventilation and air conditioning; (ii) elevator service (except that passenger elevator service will not be provided to floors which are under construction or which are not occupied); (iii) domestic hot and cold water; and (iv) cleaning (except that cleaning will not be provided to floors which are under construction or which are not occupied).
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to As used herein, the Demised Premises from terms "REGULAR BUILDING SERVICE HOURS" shall mean the hours between 8:00 a.m. until and 6:00 p.m. on Monday Mondays through Friday except holidaysFridays and the hours between 8:00 a.m. and 1:00 p.m. on Saturdays, and "REGULAR BUILDING SERVICE DAYS" shall mean all days on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of which the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated New York Stock Exchange is open for the first business and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by LandlordSaturdays.
6.0315.02. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03)
Appears in 1 contract
Samples: Lease (Citigroup Inc)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) The Landlord will provide climate control to the Leased Premises during Normal Business Hours to maintain a climate adequate for occupancy. The Landlord will have no responsibility or liability for failure to supply a climate control service when stopped for temporary repairs or maintenance or by strikes or causes beyond the Landlord's reasonable control. The Tenant acknowledges that the Landlord has installed in reasonable condition the Building a system for the purpose of climate control, which system is designed to heat and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas cool during normal occupancy of the Building;Leased Premises as general offices on the basis of one (1) person to every one hundred (100) square feet of space on an open floor basis and based on the window shading being fully closed in those offices having exterior windows exposed to the sun, without having regard to the Tenant's specific use or the installation in the Leased Premises of any heat generating equipment. Any use of the Leased Premises not in accordance with the design standards or any arrangement of partitions which interferes with the normal operation of such system may require alterations in the system or ducts. Any of these alterations, if they can be accommodated by the Landlord's equipment, will be made (i) by the Tenant (or, at the Landlord's option, by the Landlord), (ii) in either case, at the Tenant's expense and only with the Landlord's prior written consent, and (iii) in accordance with drawings and specifications and by a contractor first approved in writing by the Landlord. If installation of partitions, equipment or fixtures by or on behalf of the Tenant (other than the partitions installed pursuant to the Landlord's Work as set out in Schedule "C") necessitates the rebalancing of the portion of the climate control equipment installed in the Leased Premises, such work will be performed by the Landlord at the Tenant's expense, together with an amount equal to fifteen percent (15%) of the total expenses thereof representing the Landlord's overhead, payable by the Tenant upon demand as Additional Rent. The Tenant acknowledges that one (1) year may be required after the Tenant has fully occupied the Leased Premises in order to properly adjust and balance the climate control system. If the Tenant requests the provision of climate control services to the Leased Premises after Normal Business Hours, the Landlord will provide such services to the Tenant at the Tenant's expense at the rate determined by the Landlord in its sole discretion, having regard to reasonable and current practices relevant to a similar multi-use commercial building, payable by the Tenant upon demand.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday The Landlord will furnish, except holidaystemporarily when repairs are being made, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenantelevator service during Normal Business Hours, in lieu of Saturday HVAC hours, Tenant shall be provided common with three hundred others. At least one (3001) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordoperated at all times after Normal Business Hours.
(c) No action The Landlord shall when reasonably necessary from time to time cause the floors to be swept, the windows to be cleaned and the desks, tables and other furniture of the Tenant to be dusted, all in keeping with a first-class office building. However, with the exception of the obligation to cause such work to be done, the Landlord shall not be responsible for any act or omission or commission on the part of the Persons employed to perform such work and such work shall be done at the Landlord's direction without interference by the Tenant and its servants or employees.
(d) The Landlord will make water and electricity available in the normal quantities. If the Tenant's equipment requires utilities in excess of normal quantities, facilities to supply the excess quantities, if available, may, at the Landlord's sole option, be provided by the Landlord at the expense of the Tenant, with this expense payable as Additional Rent subject to the following conditions and provided that:
(i) the Landlord's electrical engineer or other consultants determines that such excess facilities are so required by the Tenant's equipment;
(ii) it is within the capabilities of the Landlord and the existing structure of the Building to provide such excess utilities;
(iii) the Landlord will have the right of refusal to supply such excess utilities if the supplying of additional facilities or utilities stall in any way affect the operation, the aesthetics or the structure of the Building, or in any way reduce the efficiency of existing electricity, water or other utilities supplied to the Building; and
(iv) the supplying of such additional facilities will be taken by Landlord under Section 6.03(a) subject to compliance with all provisions of law including, without limitation, federal and provincial legislative enactments, building by-laws and other governmental or 6.03municipal regulations.
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. 7.1 Landlord shall:
(a) maintain in reasonable condition and repair shall furnish the roofservices for which the Building is equipped, foundationto the extent that the existing facilities for such services permit, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of except that heat and air-conditioning conditioning, as required, shall be furnished only between the hours of 8:00 A.M. and 6:00 P.M. Monday through Friday, (.HVAC.) Saturdays, Sundays and national holidays excluded). Landlord agrees at Tenant's request, and at a cost to Tenant to be mutually agreed upon, prior to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysCommencement Date of this Lease and as to be set forth in approved plans and specifications, to install a by-pass switch for monitoring hours of usage by Tenant solely for air-conditioning and heating during hours other than as set forth hereinabove, and on Saturdays it is further agreed that Tenant shall pay to Landlord the cost of said overtime usage as contemplated herein upon invoice from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC Landlord to Tenant at the rate of $40.00 per hour during the first year of the Term hereof and thereafter, said hourly charge shall be provided increased annually by the percentage increase in electric and gas utility rates for the Building operation, if any.
7.2 Landlord upon request shall furnish to Tenant a separate and independent electric meter to measure Tenant's use of electric energy in the Leased Premises, the cost of which shall be paid for by Tenant at its sole cost and expense. Effective as of the Occupancy Date, electric energy for Tenant's requirements shall be furnished for lighting, so long as all costs of providing such after hours serviceelectric typewriters, adding machines, copying machines, and any other similar electricity requirements, as reasonably estimated by Landlordare customarily used in a general business office, are borne by Tenantnot including high energy computers. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant Any requirements for high energy computers shall be provided only with three hundred (300) free hours the express written consent of HVAC service per year (pro rated Landlord who reserves the right to require Tenant to pay any additional costs attributable to such high energy use including any additional requirements for the first and last lease years) at air-conditioning attributable to such times as use.
7.3 Tenant may request; however, there shall be no carry over agrees not to connect any additional electrical equipment of any unused free hours from one calendar year type to the next. Chilled fluid lines shall be available in Building electric distribution system over and above that equipment shown on Tenant's Plan without the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtainedconsent, which consent however, Landlord shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if withhold such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to consent. Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured liable in any way to Tenant for any failure or defect in the supply or character of electric energy furnished on the Leased Premises by Landlord within reason of any requirement, act or omission of the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after public utility serving the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied Building with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of electricity. Tenant's verbal notice use of such failure, Tenant may terminate this Lease electric energy in the Leased Premises shall not at any time exceed the capacity of any of the electric conductors and equipment in or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under otherwise serving the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by LandlordLeased Premises.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited 7.4 Janitorial services are as referred to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises on Schedule "E" annexed hereto and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordpart hereof.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Office Lease Agreement (First Montauk Financial Corp)
LANDLORD'S SERVICES. 6.01. Landlord shallshall render certain services and supplies in accordance with and as described in this Section 28, as follows:
(ai) Landlord shall cause the Premises to be cleaned at least five (5) nights weekly; (ii) Landlord shall furnish on or to each floor of the Building normal and customary water, lavatory supplies, automated elevator service, and men’s, women’s, and/or individual unisex restrooms with cold and hot water; and (iii) Landlord shall furnish electric current for Building standard tenant lighting and small business machinery only from electric circuits designated by Landlord for Tenant’s use. Tenant’s usage of the electrical panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s reasonable estimation will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant shall have access to electrical closets in the Building reasonably necessary for the operation of the Premises. All electrical engineering design or contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices from Landlord regarding the design, installation, consumption, metering, billing, and maintenance of the electrical facilities for Tenant’s use shall be paid within thirty (30) days of Tenant’s receipt thereof; and (iii) Landlord shall furnish seasonable air conditioning and heating during normal business hours (8:00 A.M. to 6:00 P.M. Monday through Friday and 8:30 A.M. until 1:00 P.M. Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are New Years’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and Christmas Day. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same, but at Tenant’s expense at such hourly rates as may be determined from time to time by Landlord ($50.00 per hour as of the Effective Date, but subject to change), which charge Tenant shall pay within thirty (30) days after receipt of a xxxx therefor. If Tenant installs equipment which in Landlord’s reasonable estimation produces enough heat to effect the heating and cooling demands of the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system at Tenant’s actual and reasonable expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering, billing, and consumption of electricity for supplemental air conditioning and to maintain in such equipment at Tenant’s expense. Furthermore, Landlord shall provide commercially reasonable condition routine maintenance, painting, and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and electrical lighting service of common areas of the Building;
(b) furnish reasonable amounts of heat ; bulb replacement within the Premises, using Landlord’s standard Building lighting and air-conditioning (.HVAC.) to replacements; and otherwise maintain the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidayspublic, common, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestservice areas of the Building in a manner consistent with first-class office buildings in the Birmingham, Alabama area. After hours HVAC Non-exclusive, passenger vehicle parking shall be provided by Landlord upon request for the use of Tenant without any charge (other than Tenant, so long as all costs ’s Share of providing such after hours service, as reasonably estimated by Landlord, are borne by TenantExcess Expenses). Irrespective of Notwithstanding the foregoing, as if any interruption in Landlord’s services to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated under this Lease is interrupted due solely to the negligence or willful misconduct and such interruption rendered the Premises untenantable for the first use permitted under this Lease and last lease yearssuch untenantability continues for more than five (5) at such times as Tenant may request; howeverconsecutive business days, there then Base Rental shall be no carry over of any unused free hours from one calendar year xxxxx proportionately to the next. Chilled fluid lines shall be available in degree of untenantability, from the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four sixth (246th) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or consecutive business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within days throughout the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a untenantability. Landlord agrees to use commercially reasonable additional time, provided that Landlord commences efforts to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive minimize any such termination. No action on the part interruption of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordservices.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Office Lease Agreement (Surgical Care Affiliates, Inc.)
LANDLORD'S SERVICES. 6.017.1.1. Landlord shallcovenants during the Term:
(a) maintain To furnish, through Landlord's employees or independent contractors, electricity (for lights, convenience receptacles, and normal office machines and equipment in reasonable condition the Premises, subject to Section 7.2 below, and repair for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas and facilities), heat, air conditioning and ventilation and general cleaning and janitorial services to a level customarily provided by operators of buildings such as the Building;
Building (b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may requestinterior common areas); however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent it is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; providedunderstood, however, that if heat, air conditioning and ventilation and certain other services shall only be furnished during Normal Building Operating Hours. Notwithstanding the Demised Premises is foregoing, Tenant's use of the separate 1.5 ton HVAC unit serving the so-called "Training Room" or the separate 7.5 ton HVAC unit serving the so-called "Server Room" shall not supplied with utilities required be limited to Normal Building Operating Hours or subject to any after hours fees or charges but shall be included in Electrical Charge or Operating Costs pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal To furnish, through Landlord's employees or independent contractors, additional Building operation services upon reasonable advance request of refuse Tenant at rates from time to time established by Landlord to be paid by Tenant provided the same may be reasonably and rubbish in larger quantities or more often than is reasonable in conveniently provided by Landlord. Tenant hereby agrees to pay to Landlord the rendering cost of janitorial service, Tenant on such additional services as additional rent upon demand shall pay the removal cost to by Landlord.
7.1.2. Landlord has made arrangements for the operation of a cafeteria food service facility (cthe "Cafeteria") No action in the Building. The Cafeteria will be taken available for use by Tenant and its employees, together with others, during its hours of operation and in accordance with any rules and regulations that may be established concerning such use. Charges for food and other services provided at the Cafeteria shall be as determined by the operator of the Cafeteria from time to time in its sole discretion. It is understood and agreed that all use of the Cafeteria and its facilities shall be at the sole risk of Tenant and the employees and invitees using same, and, to the maximum extent permissible by law, Tenant hereby releases Landlord from any liability in connection with such use and indemnifies and holds Landlord harmless from and against any loss, cost, liability, damage or expense occasioned by or in any way related to or arising from the use of the Cafeteria by Tenant or Tenant's employees or by any other party allowed to use same by Tenant or any of its employees. Landlord reserves the right at any time or from time to time, in its sole discretion, to discontinue the Cafeteria, or alter its size, type, location or serving capacity, or its meals or hours of operation or any other aspect thereof. Any losses incurred by Landlord under Section 6.03(a) or 6.03in operating the Cafeteria shall be included as part of the Operating Expenses for the Operating Year in which such losses were incurred.
7.1.3. All costs incurred by Landlord in connection with foregoing services shall be included as part of the Operating Expenses.
Appears in 1 contract
Samples: Lease (Workgroup Technology Corp)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
Landlord shall furnish: (bi) furnish reasonable amounts of heat and air-air conditioning (.HVAC.) to required for the comfortable occupancy of the Demised Premises from (ie. temperatures within the range of 68 degrees to 74 degrees Farenheit with relative humidity of not less than twenty-five percent (25%) and not greater than sixty percent (60%), regardless of exterior air temperatures), between 8:00 a.m. until A.M. and 6:00 p.m. on P.M. Monday through Friday except holidaysFriday, and on Saturdays from Saturday 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of A.M. to 1:00 P.M, excluding Holidays (see Exhibit F for "Holiday Schedule") (ii) electricity for Tenant's office use, so long including lighting and electrical outlets for equipment; (iii) access and elevator service including one weekend elevator; (iv) restroom supplies; (v) cleaning services as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available set forth in the Building Janitorial Specifications (annexed hereto as Exhibit E) on weekdays, excluding Holidays, (vi) removal of ice, snow and debris from the Common Areas, including, but not limited to, walkways, parking lots, and other paved surfaces; (vii) landscaping maintenance and services for all plants, shrubs, flower beds and grounds located in both the interior and exterior of the Building and the Common Areas; (viii) access to permit Tenant to obtain supplemental air conditioning on a the Building twenty-four (24) hour basishours per day, seven (7) days per week; (ix) hot and cold water, toilet facilities and sewerage services; and (x) such other services as Landlord may set forth from time to time. Landlord shall have the right to reasonably modify the terms and/or frequency of the services provided (but not to diminish the current services), provided Landlord gives at least five (5) days notice of any changes.
(b) Subject to the last sentence of this Section 8.01, (a) Tenant shall have the right to use the Demised Premises at all times. If Tenant shall require heating, venting or air conditioning ("HVAC") beyond the Building hours and days of operation described above ("After Hours Use"), then Tenant shall provide reasonable notice to Landlord and Landlord shall furnish HVAC upon the express condition that Tenant shall be responsible for the costs of any and all installation HVAC and energy costs associated therewith;
(c) provide sufficient elevator service Building Services required and attributable to such After Hours Use. The cost for reasonable access After Hours Use of HVAC is charged at the rate of $60.00 per hour, subject, however, to adjustment by the Demised Premises;
(d) furnish reasonable janitorial services for difference between the Demised Premises;
(e) furnish a reasonable amount cost of delivery of electricity for normal office use as of the date of this Lease and any increases in the Demised Premises; however, Landlord's agreement costs thereof that may occur from time to furnish electricity does not include electricity time. Payment for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs After Hours Use of installation and which consent services shall be deemed Additional Rent and shall be paid to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
Landlord monthly, together with Base Rent. If Tenant desires to use the Demised Premises on a regularly scheduled basis for more than two (f2) furnish in the first floor lobby hours at a time, outside of the Building a directory standard operating hours of 8:00 A.M. to 8:00 P.M. Monday through Friday and 9:00 AM to 1:00 PM on Saturdays, and Tenant's after-hours use creates excess security concerns for the firm or business names of tenants safety of the Building: and
(g) provide access to hookups to any public or private , then Landlord reserves the right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinionreasonable discretion, any to provide manned security during such hours and charge the cost thereof to Tenant shall:
(a) use any utility, including but as Additional Rent. Landlord shall not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to charge Tenant for the cost of the utility used at rates equal any security services which are currently being provided or which are not attributable to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment after-hours use of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to LandlordPremises.
(c) No action Landlord shall maintain and provide services to the Land and Common Area, including lobbies, stairs, elevators, corridors, restrooms, and Parking Areas. Landlord further represents that the Building will feature (i) a newly renovated lobby and common areas (construction plans have been filed for permit approvals and Landlord anticipates commencing these improvements in March 2005 and completing these improvements on or about July 2005), and (ii) a food service during the hours of 8:30 am to 2:30 pm (Landlord is in the process of identifying a qualified food service provider/operator to provide food service substantially comparable to the food service in Xxxxxxx Real Estate Group's office building located at 000 Xxxxx 0 Xxxxx, Xxxxxx, Xxx Xxxxxx, and anticipates having the food service open for business by no later than December 31, 2005 and further agrees to continue such level of food service through the Lease Term subject to changes and replacements of qualified food service providers/operators occurring during the Lease Term).
(d) Landlord shall not be taken liable for any damages caused by Landlord interruption of services due to repair, inspection or causes beyond its reasonable control. Tenant shall continue to be responsible for payment of Rent during any period of such interruption. If the interruption of services does not allow Tenant to comfortably use or occupy the Demised Premises in the normal course for a period of five (5) consecutive business days due to any act or omission of the Land1ord or any of Landlord's agents, then the Base Rent hereunder shall be equitably abated until such time as the services are restored. Such interruption of services shall be defined as (i) no electrical service to the Demised Premises, (ii) inability to provide access to the Demised Premises via at least one (1) elevator, (iii) inability to access lavatories on the floor of the Demised Premises or on an adjacent floor, or (iv) insufficient HVAC such that the Demised Premises cannot be occupied except under Section 6.03(a) or 6.03conditions of "extreme discomfort" for the occupants.
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
shall provide fuel, hot and cold water, adequate elevator service, maintain the public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets (aincluding supply and cleaning thereof) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas public parts of the Building;
building (b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) collectively "common areas"), perform regular monthly extermination services to the Demised Premises from 8:00 ai1d the common areas, provide and maintain the heating, ventilation and air conditioning equipment ("HVAC") in good working order so as: (i) to provide air conditioning during the summer months at ai1 average inside design temperature of seventy-five (75) degrees Fahrenheit dry bulb and a room relative humidity of fifty percent (50%) when the outside temperature is ninety-five (95) degrees Fahrenheit dry bulb coincident with a wet bulb temperature of seventy-five (75) degrees Fahrenheit; and (ii) to provide heating during the winter months at an average inside design temperature of seventy-two (72) degrees Fahrenheit dry bulb when the outside temperature is twelve (12) degrees Fahrenheit dry bulb with a wind velocity of twenty-seven (27) miles per hour. Prior to the Commencement Date, Landlord, at its sole cost and expense, shall perform all of the preventative maintenance measures set for in Exhibit D, attached hereto and made a part hereof.. Landlord, at its sole cost and expense, may, at its option, enter into a separate agreement for the maintenance of the roof and each of the building systems of the Demised Premises. For so long as any such agreement shall remain in effect during the term of the Lease such agreement shall pl'ovide that the contractor perform all of the preventive maintenance measures set forth in Exhibit D, as applicable. The contractor shall adhere to industry wide standards in performing its obligations under the maintenance agreement. The maintenance agreement shall further provide that within ten (] 0) business days after inspecting the roof or building systems, the contractor shall prepare a written rep01i. Such report shall (a) summarize contractor's findings and recommendations for maintenance service and (b) state whether maintenance service has been rendered. Contractor shall submit a copy of the report to Tenant within fifteen (15) days after it is coi:npleted. The foregoing Landlord's services shall be provided during the hours ofS:00 a.m. until to 6:00 p.m. on Monday through Friday inclusive and 8:00 a.m. to 1:00 p.m. on Saturdays, New York City holidays excluded, except holidays, that elevator service and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC access to the Demised Premises shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basishours per day, but Tenant shall be responsible for all installation seven (7) days per week. Notwithstanding the foregoing, necessary repairs and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access maintenance to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount Premises due to negligence or improper conduct of electricity for normal office use in the Demised Premises; howeverTenant, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtainedits employees, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent agents, contractors or invitees, shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible performed by Tenant by air or underground Landlord, at Tenant's sole request and at Tenant's reasonable expense, which shall be paid by Tenant to Landlord within forty-five (45) days after Landlord bills Tenant (with reasonable supporting documentation). In the event Landlord is in default of its obligations under this Article 9, and Landlord fails to commence to cure such default, within five (5) days after written notice from Tenant specifying such default, and thereafter diligently with continuity complete curing said default, then Tenant, in addition to any other remedy it may have, may (i) as agent of Landlord, cure such default and deduct the cost thereof from any rent due or that may become due and expense
6.02payable under this lease or (ii) withhold an amount ofrent equal to one hundred fifty percent (150%) of the reasonable cost of perfonnance of such obligations as reasonably determined by Tenant until Landlord performs such repairs to the reasonable satisfaction of Tenant. If Landlord defaults Anything to the contrary notwithstanding, in the performance event (x) the repairs to be performed by the Landlord are required to correct a hazardous condition or observance to end an emergency or (y) the failure of any provision of Paragraph 6.01 (except Landlord to provide the extent permitted under Paragraph 6.04)aforesaid services create an emergency or hazardous condition, which renders the Demised Premises unsuitable for the uses set forth herein, Tenant shall give Landlord, its agent, superintendent or the person designated to receive such notice, prompt notice in writing, personally or by nationally recognized ovemight mail service ("Overnight Mail"), and Landlord, within twenty-four (24) hours of receipt of said notice, shall furnish such service or commence performing the repairs necessary to restore/provide such service and diligently proceed with continuity to complete said work. In the event Landlord fails to commence and/or diligently proceed with continuity to complete said work after said notice specifying in what manner Landlord has defaulted as aforesaid, Xxxxxx, may (i) as agent for the Landlord, perform same and if such default shall not be cured by Landlord within deduct the period of time provided for elsewhere in cost thereof from any rent due or that may become due and payable under this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional may withhold all rent equal due and owing to Landlord until Landlord performs such repairs to the cost reasonable satisfaction of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilizedTenant, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
or (b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03iii)
Appears in 1 contract
Samples: Lease (Clipper Realty Inc.)
LANDLORD'S SERVICES. 6.01. The Landlord shallcovenants with the Tenant as follows:
(a) To provide climate control to the Premises during Normal Business Hours to maintain a temperature adequate for occupancy, except during the making of repairs, alterations or improvements and provided that the Landlord shall have no responsibility or liability for failure to supply climate control service when stopped as aforesaid or when prevented from so doing by strikes or causes beyond the Landlord's reasonable control. The Tenant acknowledges that the Landlord has installed in reasonable condition the Building a system for the purpose of climate control, which system is designed to heat and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas cool during normal occupancy of the Building;Premises as general offices on the basis of one (1) Person to every one hundred (100) to one hundred and fifty (150) square feet of space on an open floor basis and based on the window shading being fully closed in those offices having exterior windows exposed to the sun, without having regard to the Tenant's specific use thereof or the installation of any heat generating equipment in the Premises by the Tenant or by anyone on behalf of the Tenant. Any use of the Premises not in accordance with the design standards or any arrangement of partitioning which interferes with the normal operation of such system may require changes or alterations in the system or duct through which the same operates. Any changes or alterations so occasioned, if such changes can be accommodated by the Landlord's equipment, shall be made by the Tenant at its cost and expense but only with the written consent of the Landlord first had and obtained, and in accordance with drawings and specifications and by a contractor first approved in writing by the Landlord. If installations of partitions, equipment or fixtures by the Tenant necessitates the rebalancing of the portion of the climate control equipment installed in the Premises, the same will be performed by the Landlord at the Tenant's expense payable by the Tenant upon demand as Additional Rent.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) Subject to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidayssupervision of the Landlord, to furnish, during Normal Business Hours, and on Saturdays from 9:00 a.m. until 2:00 p.m. during such extended hours as the Landlord may determine, for use by the Tenant and its employees and invitees in common with other persons entitled thereto, passenger elevator service to the Premises, and to furnish upon request. After hours HVAC shall be provided by Landlord upon written request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective for the use of the foregoingTenant in common with others entitled thereto at reasonable intervals and at such hours as the Landlord may select, as freight elevator service to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated the Premises for the first carriage of furniture, equipment, deliveries and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordsupplies.
(c) No action will To provide for the use of the Tenant and its employees and invitees in common with others entitled thereto, washrooms on each floor of the Building (except on the ground floor) upon which the Premises are located.
(d) To provide janitor and cleaning services when reasonably necessary from time to time to the Premises and to the Building to be taken rendered substantially in accordance with the standards of a similar first class office building.
(e) To furnish appropriate facilities for bringing telephone services by Landlord under Section 6.03(aXxxx Canada to a point on the floor on which the Premises are located, and cold water to a point on the floor on which the Premises are located.
(f) or 6.03To provide access, reasonable security and elevator service to the Tenant, employees and invitees at all times, subject to the Rules and Regulations for the Building.
Appears in 1 contract
Samples: Lease (Acc Corp)
LANDLORD'S SERVICES. 6.01. A. Landlord shall:
(a) shall maintain in reasonable condition and repair the roofBuilding Area in a good and workmanlike manner similar to other first class office buildings located in Boulder, foundationColorado, structure, infrastructure, utilities, HVAC, other and shall furnish the following services to the Premises (the cost of which shall be included within Building operating systems, exterior Expenses):
1. air conditioning and common areas of heat required for ordinary office use; and
2. hot and cold water (to each floor in the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to electric current for lighting the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestfor ordinary office appliances and machines only. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured liable for damages nor shall any rent be abated for failure to furnish, or delay in furnishing, any such service which is occasioned by Landlord within the period needed repairs, renewals or improvements, or by any strike or labor controversy, or by any act or default of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant due to the terms inability of this Lease due Landlord to circumstances within obtain fuel or power from the utility company supplying same, or for any cause beyond the reasonable control of Landlord Landlord, unless such delay or service interruption continues for a period in excess of 24 hours after of receipt by Landlord of thirty consecutive days and such delay or interruption renders the Premises or any portion thereof untenantable for Tenant's verbal notice normal business operations, in which case the rent shall be abated in proportion to the unusable portion of the Premises for any such failureexcess. Landlord agrees to use its best efforts to cause utility companies to continuously supply gas, electricity, water and other necessary utilities to the Premises.
B. If heat generating machines or equipment (including, but not limited to, telephone equipment) are used by Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right if requested by Tenant to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of its obligations under the Leaseinstallation, and such obligations the cost of operation and maintenance thereof, shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of be paid by Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default Landlord upon demand by Landlord.
6.03C. Tenant will not without the prior written consent of Landlord use any apparatus or device in the Premises which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space. IfTenant shall not connect with any electric current, except through existing electrical outlets in Landlord's opinionthe Premises, or to any water pipes, any apparatus or device, for the purposes of using electric current or water. If Tenant shall:shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant must first procure the consent of Landlord to the use thereof.
D. Notwithstanding anything contained in this Lease to the contrary, if Landlord consents, Tenant may maintain and operate data processing equipment and install a bank vault on the Premises. All additional costs in connection therewith (a) use any utilityincluding, including but not limited to electricity or waterto, in an excessiveadditional support flooring, extravagant or unreasonable mannerinsulation, electrical outlets and temperature maintenance facilities) shall be borne by Tenant.
E. At Tenant's request and with Landlord's approval, Landlord may install meters measuring shall furnish the quantity services described in Section A of such utility used this Article at times other than specified in the Demised Premises and TenantSection A, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate provided that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal entire cost to Landlord.
(c) No action will be taken thereof as reasonably determined by Landlord under Section 6.03(a) or 6.03as additional rental, notwithstanding the fact that such services may also benefit portions of the Building other than the Premises.
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. As long as this Lease remains in full force and effect, Landlord shallshall provide Tenant with the following services:
(a) maintain in reasonable condition Landlord shall deliver and repair the roofinstall, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by at Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's ’s sole cost and expense
6.02. If Landlord defaults , one (1) new twenty (20) ton Tenant-controlled HVAC unit in the performance Premises (the “HVAC Unit”) to provide cool and tempered air (“air-conditioning”) at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities as reasonably provided in similar Manhattan office buildings at suitable locations. The HVAC Unit shall be self-contained, shall not connect to, tie into or observance otherwise make use of any provision of Paragraph 6.01 (except the Building’s systems, shall be tied directly to Tenant’s submeter and no overtime charges shall be incurred with respect thereto. Landlord shall, at Landlord’s expense, provide perimeter heating to the extent permitted under Paragraph 6.04)Premises at temperatures, pressures and degrees of humidity and in volumes and velocities as reasonably provided in similar Midtown South Manhattan office buildings from 8:00 a.m. to 6:00 p.m. (“Business Hours”) on Business Days from October 16 through May 14 or as otherwise required by law. Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default pay, as Additional Charges, Building standard charges for overtime heating. As used herein, the term “Business Days” shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive mean all days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and Saturdays, (ii) additional rent equal Sundays and (iii) the following holidays (“Holidays”): New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the day following Thanksgiving, Christmas and any other days which shall be either (x) observed by the federal or state governments as legal holidays or (y) designated as a holiday by the applicable Building Service Union Employee Service contract or by the applicable Operating Engineers contract. Landlord shall, at its expense, provide adequate ventilation to the cost of the utility used Premises at rates equal all times it is required to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities provide air conditioning or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordheating.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shallshall provide the following services without cost to Tenant:
(a) maintain in reasonable condition Electricity, through conduits provided by Landlord, for lighting and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior normal business equipment and common areas of the Building;all replacement light bulbs or tubes for building standard fixtures.
(b) furnish reasonable amounts of Hot and cold water for lavatory and drinking purposes in places designated by Landlord, and lavatory supplies.
(c) Subject to all governmental regulations or limitations in effect from time to time, heat and air-air conditioning (.HVAC.) during the hours as set forth herein during such seasons of the year when such services are normally and usually furnished in modern office buildings in the Nashville area. Landlord's services shall be provided from 7:00 a.m. to the Demised Premises from 8:00 a.m. until 6:00 7:00 p.m. on Monday through Friday except holidaysand 8:00 a.m. to 1:00 p.m. on Saturday, federal government holidays excepted provided that, if Tenant shall require air conditioning (heating and cooling) or air ventilation during any season outside the hours and days above specified, Landlord shall furnish to same for the area or areas specified in a written request of Tenant delivered to the manager of the Building by 3:00 p.m. of the business day immediately preceding the day of extra usage, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing for such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided pay Landlord, upon receipt of a xxxx therefore, an amount calculated in accordance with three hundred (300) free hours of HVAC service per year (pro rated for the first schedule shown on Exhibit "D" attached hereto and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;incorporated herein by this reference.
(d) furnish reasonable janitorial services for the Demised Premises;Automatic elevator service; and
(e) furnish a reasonable amount Building standard cleaning service in the common areas of electricity for the building and in the Leased Premises, except Saturdays, Sundays and Government holidays, which service shall consist of sweeping floors, vacuuming carpets, dusting surfaces of normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably furniture and emptying wastebaskets on each normal business day. Windows will be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;cleaned at reasonable intervals.
(f) furnish in the first floor lobby of Landlord and Tenant acknowledge that Landlord does not currently provide security for the Building a directory of including the firm or business names of parking area. If Landlord provides security for the Leased Premises and such areas in and around the Building, including the parking area, as Landlord provides for other tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to , the Land for utilities or other communications systems available to Landlord or Tenant and accessible cost would be included in the rent paid by Tenant by air hereunder. Tenant shall cause its tenants, invitees, licensees and all others using the Leased Premises, to comply with all security rules, regulations, directives and the like which Landlord and/or its agents may promulgate from time to time. If Tenant desires additional or underground different security, it shall provide such additional or different security at Tenant's its sole cost and expense
6.02. If However, any such additional or different security must be coordinated with Landlord's existing security. Landlord defaults in does not warrant that any of the services above mentioned will be free from interruptions caused by repairs, renewals, improvements, alterations, strikes, lockouts, accidents, inability of Landlord to obtain fuel or supplies, or any other cause beyond the reasonable control of Landlord. Any such interruption of service shall never be deemed an eviction or disturbance of Tenant's use and possession of the Leased Premises or any part thereof or render Landlord liable to Tenant for damages or relieve Tenant from performance or observance of any provision of Paragraph 6.01 (except to the extent permitted Tenant's obligations under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant Landlord will at all times use reasonable efforts promptly to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of remedy any situation which might interrupt such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordservices.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease (American Homepatient Inc)
LANDLORD'S SERVICES. 6.01. Landlord shall:
, at its expense, furnish the Premises with (ai) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas electricity subject to Item 10 of the Building;
this Lease; (bii) furnish reasonable amounts of heat and air-conditioning during reasonable and usual business hours (.HVAC.exclusive of Saturdays, Sundays and holidays) reasonably required for the occupation of the Premises, such heat and air-conditioning to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by utilizing the existing Building systems, it being expressly understood and agreed by the parties that Landlord upon request specifically shall not be liable for any losses or damages of Tenant, so long as all costs of providing such after hours service, as reasonably estimated any nature whatsoever incurred by Landlord, are borne by Tenant. Irrespective Tenant due to any failure of the foregoingequipment to function properly, as or while it is being repaired, or due to each whole floor occupied by Tenantany governmental laws, regulations or restrictions pertaining to the furnishing or use of such heat and air-conditioning; (iii) elevator service; (iv) lighting replacement for Building Standard lights; (v) toilet room supplies; (vi) daily janitor service during the time and in lieu of Saturday HVAC hoursthe manner that such janitor service is customarily furnished in first class office buildings in the metropolitan area where the Building is located; (vii) water; and (viii) sewerage. The foregoing services are designated “Building Standard.” Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, more complete or special services and maintenance (over Building Standard) are required, then Tenant solely shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all same and for any expenses and costs of installation any nature whatsoever associated with same. To this end, Tenant is and which consent shall be deemed solely responsible for any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded tenant improvements in the Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and facilities serving the Premises, etc. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent herein set forth be reduced or abated by reason of, (1) installation, use, or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (2) failure to have been granted if furnish, or delay in furnishing, any such requirement services when such failure or delay is contained in Exhibits! C caused by accident or C-l any condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises or to the Building or because of any governmental laws, regulations or restrictions. The temporary failure to furnish any such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any and all of the provisions of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Agreement (Unilens Vision Inc)
LANDLORD'S SERVICES. 6.01. 4.1.1 Landlord shallshall make customary arrangements with public utilities or public agencies to furnish any electricity and water, steam and other utilities customarily furnished or utilized in operating the facilities serving the Premises, subject to the provisions of Section 14.
4.1.2 Landlord shall furnish to Tenant during Tenant’s occupancy of the Premises:
(a) maintain Tempered water at those points of supply provided for general use in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of Central heat and air-air conditioning (.HVAC.) in season, during 7:00 am to the Demised Premises 7:00 pm, Mondays through Fridays, and from 8:00 a.m. until 6:00 to 1:00 p.m. on Monday through Friday except holidaysSaturdays, excluding holidays (“Normal Building Hours”), at such temperatures and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided in such amounts as are reasonably considered by Landlord upon request of Tenantto be standard or as may be limited or controlled in time or amount by applicable laws, so long as all costs of providing such after hours serviceordinances, as reasonably estimated by Landlord, are borne by Tenantrules and regulations. Irrespective of Notwithstanding the foregoing, Landlord acknowledges and agrees that the research and development labs, server room and IDF rooms being installed as to each whole floor occupied by Tenantpart of the Landlord’s Work will require heating, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first ventilation and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basishours per day, but Tenant shall seven (7) days per week (the “Extra HVAC Service”), and the cost for providing HVAC to these areas at all times (subject to Section 4.2 below) will be responsible for all installation included as Building Operating Expenses and energy costs associated therewith;not as excess utilities and services pursuant to Section 4.1.3 below.
(c) Electrical facilities to provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services lighting for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted uses under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to and sufficient power for Tenant’s machines and equipment necessary for the permitted uses; provided, however, that if Landlord shall have no obligation to install dedicated circuits or other special circuitry or wiring except as may be included in the Demised Premises is Landlord’s Work. Notwithstanding, Landlord acknowledges and agrees that the research and development labs, server room and IDF rooms being installed as part of the Landlord’s Work will require electricity twenty-four (24) hours per day, seven (7) days per week, and the cost for providing electricity to these areas at all times (subject to Section 4.2 below) will be included as Building Operating Expenses and not supplied with as excess utilities required and services pursuant to Section 4.1.3 below.
(d) Lamps, bulbs, starters and ballasts used in the terms Premises, provided that all such lamps, bulbs, starters and ballasts shall be installed by Landlord as part of this Lease due Premises Operating Expenses; notwithstanding the foregoing, Landlord shall not be required to circumstances within install lamps, bulbs, starters and/or ballasts that exceed those required for the control tenant improvements installed in the Building as part of the Landlord’s Work (collectively, “Building Standard Improvements”).
(e) If there are any elevators in the Building, public elevator service serving the floor(s) on which the Premises are situated during Normal Building Hours. In addition, at least one (1) elevator, reasonably designated by Landlord, shall be available twenty-four (24) hours per day, seven (7) days per week.
4.1.3 Landlord for a period may furnish to the Premises utilities and services in excess of 24 hours after those to be furnished under Section 4.1.2 above upon Tenant’s prior written request without additional expense therefor to Tenant.
4.1.4 Tenant shall not, without the prior written consent of receipt by Landlord Landlord, use any electronic data processing equipment, special lighting in excess of Building Standard Improvements, or any other item of electrical equipment which (singly) consumes more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than one hundred twenty (120) volts single phase. If Tenant desires to install any such data processing, extra lighting or electrical equipment or if Tenant's verbal notice ’s use of the Premises causes the Premises or any portion of the Building to require air conditioning in excess of that customarily provided to other areas of the Building leased to tenants, then Tenant shall also pay all costs relating to the modification, installation, operating and maintenance costs of such failureadditional air conditioning which shall be performed by Landlord. Such costs shall include, Tenant may terminate without limiting the generality of the above, the cost of installing, maintaining or removing equipment to meter electrical kilowatt consumption. Notwithstanding anything to the contrary contained in this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, Landlord acknowledges and such obligations agrees that the electricity and heating, ventilation and air conditioning necessary for the Extra HVAC Service shall survive any such termination. No action on not be deemed excess utilities or services subject to the part provisions of Section 4.1.3 above.
4.1.5 Tenant shall limit or prejudice make no connection to the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related Building’s water supply without Landlord’s prior written consent. If Landlord consents to any such default connection, Landlord will provide, at Tenant’s expense, a separate water meter for use by Landlord.
6.03Tenant in the Premises. IfTenant shall pay, in Landlord's opinionas Additional Rent, any Tenant shall:
(a) use any utility, including but not limited to electricity or all costs and expenses for said metered water, at the same rate charged Landlord by the utility company, and for all costs and expenses in an excessiveany way connected with the installation, extravagant or unreasonable mannermaintenance and/or removal of said separate water meter. Notwithstanding anything to the contrary contained in this Lease, Landlord may install meters measuring acknowledges and agrees that the quantity Landlord’s Work comprises Building Standard Improvements, and the water necessary for Tenant’s operation of such utility used in the Demised Premises and Tenant, on demand, for the Permitted Uses shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal not be deemed excess utilities or services subject to the cost provisions of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord4.1.3 above.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Agreement (Palmsource Inc)
LANDLORD'S SERVICES. 6.019.1. Landlord shall:shall furnish to Tenant only the services set forth in this Lease. At Landlord’s expense, heating and cooling, in accordance with the HVAC specifications annexed to this Lease as Exhibit L, shall be provided to the Premises during Business Hours (i.e., 5am – 8pm Monday – Friday and from 8am – 1pm on Saturdays). Cooling shall be provided from May 1 through September 30th, and when weather conditions require as reasonably determined by Landlord. Heating shall be provided from October 1 through April 30, and when weather conditions require heat as reasonably determined by Landlord. If Tenant requires Landlord to provide heating or cooling at any time other than the hours provided herein for such service, Landlord shall furnish such to Tenant within forty-eight (48) hours of Tenant’s written request therefor, and Tenant shall pay to Landlord as Additional Rent on demand, the special hourly overtime charge which Landlord will from time to time reasonably establish therefor; provided that there is a four (4) hour minimum to any such overtime use. Landlord hereby advises Tenant that the special hourly overtime charge for such service in effect as of the date of this Lease is Seventy-five and 00/100 Dollars ($75.00) per hour, per zone.
(a) maintain in reasonable condition and repair Throughout the roofTerm, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas Landlord shall provide not less than six (6) wxxxx (demand load) per rentable square foot of the Building;Premises (exclusive of the HVAC system) shall be supplied to the Premises from properly sized distribution panels on each floor in accordance with the provisions of Exhibit G attached hereto and made a part hereof, subject to the terms and conditions contained therein.
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) Notwithstanding anything to the Demised contrary contained herein, in the event Tenant is unable to conduct its business in the Premises because of an interruption in utility service to the Premises and such interruption extends for seven (7) or more consecutive Business Days after Landlord receives written notice from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysTenant of such condition, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestsuch condition is within Landlord’s reasonable control to remedy, then Tenant shall be entitled to a pro-rated abatement of Minimum Rent for such period.
9.3. After hours HVAC Tenant covenants that its use of electricity in the Premises shall be limited to and for the operation of (1) the building standard lighting and (2) electric typewriters, calculators, copying machines, word processors, desk-top personal computers and printers, and other small office machines, and for no other use except with the written consent of Landlord.
9.4. Tenant shall not connect any fixtures, appliances, or equipment without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed to the extent not affecting the systems of the Building (in which case, which consent shall be granted or withheld in Landlord’s sole and absolute discretion). Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant as Additional Rent upon request Landlord’s demand. As a condition to granting such consent, Landlord shall require an increase in the Additional Rent by an amount which will reflect the cost of the additional equipment and service to be furnished by Landlord. If Landlord and Tenant cannot agree on such increase, the Additional Rent increase shall be determined by an independent electrical engineering consultant, to be selected by Landlord and whose fee for services rendered shall be paid by Tenant upon demand and shall constitute Additional Rent.
9.5. Throughout the Term, Landlord shall supply (i) passenger and freight elevator service during Business Hours to each floor above the street floor of the Building and in which the Premises or any portion thereof are located, with one of the elevators being subject to call during hours other than Business Hours, (ii) hot and cold water to any lavatories within or serving the Premises, (iii) cleaning of the Common Areas of the Building and the Premises on Business Days in accordance with the specifications annexed hereto on Exhibit F, (iv) snow and ice removal from the parking areas, driveways, and sidewalks on Business Days within a reasonable time after accumulation thereof.
9.6. Intentionally Omitted
9.7. Subject to Section 9.2(b) hereof and the provisions hereinafter following, the failure of Landlord to furnish any service hereunder or the interruption of any service to the Premises shall not be construed as a constructive eviction of Tenant and shall not excuse Tenant from failing to perform any of its obligations hereunder and shall not give Tenant any claim against Landlord for damages for failure to furnish such service. Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof as a result of (i) any repair, maintenance, alteration or other work performed by Landlord (including those required or permitted by Landlord hereunder), or which Landlord failed to perform, after the Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, the Building parking facilities or the Premises, (ii) any failure to provide the services, utilities, or the use of or ingress to and egress from the Building, the Building parking facilities or the Premises, required by this Lease, or (iii) the presence of hazardous or toxic materials (not brought onto the Premises or into the Building by Tenant, its employees, agents or contractors) in violation of applicable Law which is required to be remediated, abated, mitigated and/or removed in accordance with applicable Law, in each case, after Landlord has failed to cure or remedy such condition within a reasonable period following the date notice thereof is given to Landlord by Tenant (any such set of circumstances as set forth in items (i), (ii) or (iii) above, to be known as an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and, if such Abatement Event continues for seven (7) consecutive Business Days, after Landlord’s receipt of any such notice (the “Eligibility Period”), then, so long as all costs the cause for the Abatement Event was within the reasonable control of providing such after hours serviceLandlord, Rent shall be abated or reduced, as reasonably estimated by Landlordthe case may be, are borne by Tenant. Irrespective after the expiration of the foregoingEligibility Period, as to each whole floor occupied by Tenantfor such time that such Abatement Event continues in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, in lieu of Saturday HVAC hoursand does not use, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year bears to the next. Chilled fluid lines shall be available in total rentable area of the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than and provided further that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
Abatement Event continues for sixty (f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (3060) consecutive days after Landlord’s receipt of Tenant’s notice of the delivery existence of such notice (except that if Abatement Event, then, so long as such default cannot be cured Abatement Event was caused by the negligence or willful misconduct of Landlord or its employees or agents, and the remedy for such Abatement Event is within said thirty (30) day period, this period shall be extended for a Landlord’s reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure)control, Tenant may shall have the right to terminate this Lease or pursue any other remedy available at law or in equity by written notice delivered to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant Landlord prior to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost cessation of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to LandlordAbatement Event.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition and repair the roofLandlord shall furnish: (i) during Business Hours, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of heat and air-air conditioning (.HVAC.) to required for the occupancy of the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as electricity to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred power same; (300ii) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basishours per day, but seven (7) days per week access and elevator service including one weekend elevator; (iii) restroom supplies; (iv) cleaning services as set forth in the "Building Janitorial Specifications" (hereinafter so called), annexed hereto as Exhibit E, on weekdays, excluding Holidays and weekends, (v) a cafeteria serving breakfast and lunch, and (vi) such other services as Landlord may set forth from time to time. Landlord shall have the right to reasonably modify the terms and/or frequency of the services so long as Landlord gives at least five (5) days' notice of any changes.
(b) Tenant shall have the right to use the Demised Premises beyond Business Hours and on weekends and Holidays upon the express condition that Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; howeverresponsible, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's its sole cost and expense
6.02. If Landlord defaults , for any and all building services required and attributable to such excess use charged at the rates set forth in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted Landlord's Rules and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to TenantRegulations; provided, however, that notwithstanding anything contained in the Rules and Regulations or the definition of Building Hours, in the event Landlord changes the Rules and Regulations pursuant to this Lease so that more than eight (8) Holidays exist (such additional Holidays being referred to as "Excess Holidays"), Tenant shall not be charged for any excess use of building services during the period between 8:00 a.m. and 6:00 p.m. on any Excess Holiday unless Tenant is also treating the Excess Holiday(s) as a business holiday. Payment for excess use of services shall be deemed Rent and shall be paid to Landlord monthly, together with Base Rent.
(c) Landlord shall maintain and provide services for the Land and Common Area, including lobbies, stairs, elevators, corridors, restrooms, and Parking Area. Access to parking in the Parking Area shall be granted 4 cars per each 1,000 rentable square feet (i.e., 51 cars for 12,807 rentable square feet). Of the amount, Landlord will designate 5 spaces as "reserved" for Tenant. Attached as Exhibit H are the designated locations for Tenant's "reserved" parking spaces.
(d) Landlord shall not be liable for any losses or damages caused by interruption of services due to repair, inspection or causes beyond its reasonable control. Tenant shall continue to be responsible for payment of Rent during any period of such interruption. Landlord shall use its best efforts to restore services after interruption. Notwithstanding the foregoing, if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease rendered totally untenantable for five (5) consecutive business days due to circumstances within an interruption of services, the control of Landlord for a Rent shall be abated during the period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No interruption of services unless such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed interruption was caused by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and Tenant, or (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenantby circumstances beyond Landlord's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordcontrol.
(ce) No action will be taken by Landlord under Section 6.03(ashall maintain a security guard situated in the Building and/or another building within Connell Corporate Center servicing the Building, twenty-four (24) or 6.03hoxxx xxx day, seven (7) days per week.
Appears in 1 contract
Samples: Lease (Genta Incorporated /De/)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition and repair Landlord shall, at its expense, furnish the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas Premises with (i) electricity subject to Section 10 of the Building;
this Lease (bii) furnish reasonable amounts of heat and air-conditioning during reasonable and usual business hours (.HVAC.) defined to the Demised Premises from be 8:00 a.m. until 6:00 p.m. on Monday through Friday Friday, and 8:00 a.m. until 12:00 noon Saturday), except on Federal holidays, reasonably required for the occupation of the Premises, such heat and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall air conditioning to be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of utilizing the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available existing systems in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basisBuilding, but Tenant shall be responsible for all installation it being expressly understood and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied agreed by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to parties that Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default specifically shall not be cured liable for any losses or damages of any nature whatsoever incurred by Landlord within Tenant due to any failure of the period of time provided for elsewhere in this Leaseequipment to function properly, and otherwise within thirty (30) consecutive days after or while it is being repaired, or due to any governmental laws, regulations or restrictions pertaining to the delivery furnishing or use of such notice heat and air conditioning; (except that if such default cannot be cured within said thirty iii) elevator service; (30iv) day period, this period shall be extended lighting replacement for a reasonable additional time, provided that Landlord commences to cure such default within Building Standard lights; (v) toilet room supplies; (vi) daily janitor service during the thirty (30) day period time and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord manner that such janitor service is customarily furnished in first class office buildings in the metropolitan area where the Building is located; (ivii) all costs incident to said installation and necessary appurtenances thereto water; and (iiviii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such servicesewerage. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; andThe foregoing services are designated "Building Standard."
(b) require removal Xxxxxx agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, more complete or special services and maintenance (over Building Standard) are required, then Tenant solely shall be and is responsible for same and for any expenses and costs of refuse any nature whatsoever associated with same. To this end, Tenant is and rubbish in larger quantities or more often than is reasonable shall be solely responsible for any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded tenant improvements in the rendering of janitorial servicePremises, Tenant on demand shall pay replacing non-Building Standard lighting fixtures and bulbs in the removal cost to LandlordPremises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and facilities serving the Premises, etc.
(c) No action will Landlord shall not be taken liable for any damages directly or indirectly resulting from, nor shall any Rent herein set forth be reduced or abated by reason of (1) installation, use, or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (2) failure to furnish, or delay in furnishing, any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord under Section 6.03(aor by the making of necessary repairs or improvements to the Premises or to the Building or because of any governmental laws, regulations or restrictions. The temporary failure to furnish any such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any and all of the provisions of this Lease.
(d) Landlord shall provide Tenant HVAC services to the Premises outside reasonable and normal building hours at the request of Tenant, and shall pay Landlord, as Additional Rent, a fee in the amount of $25.00 per hour or 6.03part thereof for the time such services are provided.
Appears in 1 contract
Samples: Lease Agreement (Affinity International Travel Systems Inc)
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition and repair the roofLandlord shall furnish: (i) during Business Hours, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of heat and air-air conditioning (.HVAC.) to required for the occupancy of the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as electricity to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred power same; (300ii) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basishours per day, but seven (7) days per week access and elevator service including one weekend elevator; (iii) restroom supplies; (iv) cleaning services as set forth in the "Building Janitorial Specifications" (hereinafter so called), annexed hereto as Exhibit E, on weekdays, excluding Holidays and weekends, (v) a cafeteria serving breakfast and lunch, and (vi) such other services as Landlord may set forth from time to time. Landlord shall have the right to reasonably modify the terms and/or frequency of the services so long as Landlord gives at least five (5) days' notice of any changes.
(b) Tenant shall have the right to use the Demised Premises beyond Business Hours and on weekends and Holidays upon the express condition that Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; howeverresponsible, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's its sole cost and expense
6.02. If Landlord defaults , for any and all building services required and attributable to such excess use charged at the rates set forth in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted Landlord's Rules and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to TenantRegulations; provided, however, that notwithstanding anything contained in the Rules and Regulations or the definition of Building Hours, in the event Landlord changes the Rules and Regulations pursuant to this Lease so that more than eight (8) Holidays exist (such additional Holidays being referred to as "Excess Holidays"), Tenant shall not be charged for any excess use of building services during the period between 8:00 a.m. and 6:00 p.m. on any Excess Holiday unless Tenant is also treating the Excess Holiday(s) as a business holiday. Payment for excess use of services shall be deemed Rent and shall be paid to Landlord monthly, together with Base Rent.
(c) Landlord shall maintain and provide services for the Land and Common Area, including lobbies, stairs, elevators, corridors, restrooms, and Parking Area. Access to parking in the Parking Area shall be granted 4 cars per each 1,000 rentable square feet (i.e., 51 cars for 12,807 rentable square feet). Of that amount, Landlord will designate 5 spaces as "reserved" for Tenant. Attached as Exhibit H are the designated locations for Tenant's "reserved" parking spaces.
(d) Landlord shall not be liable for any losses or damages caused by interruption of services due to repair, inspection or causes beyond its reasonable control. Tenant shall continue to be responsible for payment of Rent during any period of such interruption. Landlord shall use its best efforts to restore services after interruption. Notwithstanding the foregoing, if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease rendered totally untenantable for five (5) consecutive business days due to circumstances within the control an interruption of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failureservices, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03the
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
shall provide heat, hot and cold water, adequate elevator service, maintain the public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets (aincluding supply and cleaning thereof) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, or other Building operating systems, exterior and common areas public parts of the Building;
building (b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) collectively "common areas"), perform regular monthly extermination services to the Demised Premises from and the common areas, and maintain the heating, ventilation and air conditioning equipment in good working order so as: (i) to provide air conditioning during the summer months at an average inside design temperature of seventy-five (75) degrees Fahrenheit dry bulb and a room relative humidity of fifty percent (50%) when the outside temperature is ninety-five (95) degrees Fahrenheit dry bulb coincident with a wet bulb temperature of seventy-five (75) degrees Fahrenheit, provided that, with respect to air conditioning, Tenant keeps the blinds closed in all windows exposed to direct sunlight and maintains a lighting and equipment load of not more than 4 1/2 wxxxx per rentable square feet and a people load of not more than one person per 100 square feet; and (ii) to provide heating during the winter months at an average inside design temperature of seventy-two (72) degrees Fahrenheit dry bulb when the outside temperature is zero (0) degrees Fahrenheit dry bulb with a wind velocity of fifteen (15) miles per hour. The foregoing Landlord's services shall be provided during the hours of 8:00 a.m. until to 6:00 p.m. on Monday through Friday inclusive, New York City holidays excluded, (“Business Hours”) except holidays, that elevator service and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC access to the Demised Premises shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basishours per day, but Tenant shall be responsible for all installation seven (7) days per week, subject to Landlord’s reasonable rules and energy costs associated therewith;
regulations. Within sixty (c60) provide sufficient elevator service for reasonable access to days after the Demised Premises;
(d) furnish reasonable janitorial services for execution of the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; howeverLease by Tenant, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's its sole cost and expense
6.02, shall perform all of the preventive maintenance measures set forth in Exhibit “E”, attached hereto and made a part hereof. If Landlord, at its sole cost and expense, may, at its option, enter into a separate agreement for the maintenance of the roof and each of the building systems of the Demised Premises. Any such agreement may remain in effect during the term of the Lease and shall provide that the contractor perform all of the preventive maintenance measures set forth in Exhibit “E”. The contractor shall adhere to industry wide standards in performing its obligations under the maintenance agreement. Any such maintenance agreement shall further provide that within ten (10) business days after inspecting the roof or building systems the contractor shall prepare a written report. Such report shall (a) summarize contractor's, or Landlord’s, findings and recommendations for maintenance service and (b) state whether maintenance service has been rendered. Contractor or Landlord defaults shall submit a copy of the report to Tenant within fifteen (15) days after it is completed. Landlord shall paint the Demised Premises completely within sixty (60) days of the execution of this Lease by Tenant, and again when requested by Tenant after the fifth (5th) and tenth (10th) anniversaries of the Lease Term in accordance with Building Standard specifications and colors selected by Tenant from the Building Standard color chart; Furthermore, in the performance event Tenant exercises its option to renew the Lease, Landlord shall paint the Demised Premises completely in the sixteenth (16th) year of the Lease, as renewed. In the event Landlord fails to comply with any of the provisions of this Article within five (5) business days after written notice by Tenant, Tenant, in addition to any other remedy it may have, may (i) as agent of Landlord, perform the same and deduct the reasonable cost thereof from any rent due or observance that may become due and payable under this Lease, or (ii) withhold an amount of any provision rent equal to 133% of Paragraph 6.01 (except the reasonable cost of such repairs as reasonably determined by Tenant until Landlord performs such repairs to the extent permitted under Paragraph 6.04)reasonable satisfaction of Tenant, at which time any amounts so withheld shall be promptly repaid to Landlord. Anything to the contrary notwithstanding, in the event the repairs to be performed by the Landlord are required to correct a hazardous condition or to end an emergency which renders the premises unsuitable for the use set forth herein, Tenant shall give Landlord Landlord, its agent, superintendent or the person designated to receive such notice, immediate notice specifying in what manner Landlord has defaulted and if such default shall not be cured writing, personally or by Landlord within the period of time provided for elsewhere in this Leasecertified mail, and otherwise within thirty (30) consecutive days Landlord, shall commence the repairs by the next business day after the delivery receipt of such notice (except the making of necessary telephone calls being deemed commencement) and diligently proceed in a continuous manner to complete said work. In the event Landlord fails to commence and complete said work after said notice, as aforesaid, Tenant, (i) as agent for the Landlord, may perform same and deduct the reasonable cost thereof from any rent due or that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period may become due and proceeds diligently thereafter to effect such cure), Tenant may terminate payable under this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional may withhold an amount of rent equal to 133% of the reasonable cost of the utility used at rates equal such repairs as reasonably determined by Tenant until Landlord performs such repairs to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method reasonable satisfaction of furnishing utilities to Tenant is utilizedTenant, an adjustment will at which time any amounts so withheld shall be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost promptly paid to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Lease Renewal and Amendment Agreement (Clipper Realty Inc.)
LANDLORD'S SERVICES. 6.019.1. Landlord shall:shall furnish to Tenant only the services set forth in this Lease. At Landlord’s expense, heating and cooling shall be furnished only during Business Hours. Cooling shall be provided only from May 1 through September 30th, and then only when weather conditions require as determined by Landlord. If Tenant requires Landlord to provide heating or cooling at any time other than the hours provided herein for such service, Landlord shall furnish such to Tenant within forty-eight (48) hours of Tenant’s written request therefor, and Tenant shall pay to Landlord as Additional Rent on demand, the special hourly overtime charge which Landlord will from time to time reasonably establish therefor. Landlord hereby advises Tenant that the special hourly overtime charge for such service in effect as of the date of this Lease is Seventy-five and 00/100 Dollars ($75.00) per hour.
(a) maintain Throughout the Term, Landlord shall supply electrical energy (other than electrical energy used in reasonable condition connection with heating and repair cooling) to the roofPremises upon the following terms and conditions: (i) Tenant shall pay for such electrical energy as provided in Section 1.5, foundationor, structureif the Premises are not separately metered, infrastructureas provided in this Section 9.2; (ii) Landlord shall not be liable in any way to Tenant (1) for any loss, utilitiesdamage, HVACfailure, other Building operating systemsdefect, exterior and common areas or change in the quantity or character of electricity furnished to the Premises, (2) or if such quantity or character of electricity furnished to the Premises is no longer available or suitable for Tenant’s requirements, or (3) for any cessation, diminution, or interruption of the supply thereof, and the occurrence of any of the foregoing shall not constitute an actual or constructive eviction; (iii) Tenant agrees that, in the event electrical consumption for the Premises is not separately metered, the independent electrical engineering consultant selected by Landlord (but whose fee is paid by Tenant as Additional Rent on demand) shall from time to time make a survey of the electric power demanded of the electric lighting fixtures and the electric equipment of Tenant used in the Premises to determine the average monthly electric consumption thereof. The findings of said consultant as to the average monthly electric consumption of Tenant shall be conclusive and binding on the parties hereto, unless Tenant objects to such findings in accordance with the provisions of the next succeeding sentence. Tenant shall have the right to hire an independent electrical engineering consultant to conduct a survey and to notify Landlord, with specificity, of Tenant’s objections within twenty (20) days after Tenant’s receipt of such findings; in such event, Landlord and Tenant, and their respective consultants, shall negotiate in good faith to resolve their differences. After said consultant has submitted its report, Tenant shall pay to Landlord, within ten (10) days after demand therefor by Landlord, the amount determined by said consultant as owing either from the Commencement Date or during the months in which said survey was being conducted, whichever the case may be, to the end of the then current month, and, thereafter, on the first day of every month, in advance and without further demand, the amounts set forth as the monthly consumption in said report. Tenant shall pay the amounts determined by Landlord’s consultant during the pendency of any dispute, and after the dispute has been resolved, Landlord will refund to Tenant, or will credit against the next succeeding installment(s) of Additional Rent, the amount, if any, overpaid by Tenant. Said amounts shall be deemed Additional Rent hereunder. If there shall be an increase or decrease in the rate schedule of the public utility supplying electric energy to the Building;, or the imposition of any tax with respect to such electric energy or any increase in such tax following the Commencement Date, the Additional Rent payable hereunder shall be equitably adjusted as of the effective date of such increase, decrease or tax.
(b) furnish reasonable amounts of heat Tenant shall be responsible for replacing all light bulbs, fluorescent lamps, non-Building standard lamps and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysbulbs, and all ballasts used by Tenant in the Premises. At the option of Landlord, Tenant shall purchase from Landlord all fluorescent lamps, light bulbs and ballasts used in the Premises and pay Landlord for the cost of same.
(c) Landlord reserves the right to estimate Tenant’s electric consumption until the survey of electric consumption is made. The estimate will be based on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestOne and 50/100 Dollars ($1.50) per square foot of the Rentable Area of the Premises. After hours HVAC Said estimate shall be paid in equal monthly installments, as Additional Rent, and said payments shall be credited against Tenant’s obligations under Section 9.2(a).
9.3. Tenant covenants that its use of electricity in the Premises shall be limited to and for the operation of (1) the building standard lighting and lamps, (2) electric typewriters, calculators, copying machines, word processors, desk-top personal computers and printers, digital telephones, and other small office machines, and (3) a dishwasher, refrigerator, microwave, toaster, and coffee machine, but for no other use except with the written consent of Landlord.
9.4. Tenant shall not connect any fixtures, appliances, or equipment without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant as Additional Rent upon request Landlord’s demand. As a condition to granting such consent, Landlord shall require an increase in the Additional Rent by an amount which will reflect the cost of the additional equipment and service to be furnished by Landlord. If Landlord and Tenant cannot agree on such increase, the Additional Rent increase shall be determined by an independent electrical engineering consultant, to be selected by Landlord and whose fee for services rendered shall be paid by Tenant upon demand and shall constitute Additional Rent.
9.5. Throughout the Term, Landlord shall supply (i) passenger elevator service during Business Hours to each floor above the street floor of the Building and in which the Premises or any portion thereof are located, with one of the elevators being subject to call during hours other than Business Hours, (ii) hot and cold water to any lavatories within or serving the Premises, (iii) cleaning of the Common Areas of the Building and the Premises on Business Days in accordance with the specifications annexed hereto on Exhibit F, (iv) snow and ice removal from the parking areas, driveways, and sidewalks on Business Days within a reasonable time after accumulation thereof.
9.6. If Landlord’s independent electrical engineering consultant reasonably determines that the findings of its survey do not accurately reflect Tenant’s consumption of electricity at the Premises or that, as a result of the nature of Tenant’s operations or the hours of Tenant’s operation, so long as all the costs of providing such after hours service, as reasonably estimated by Landlord, are borne by performing a survey would be more expensive than if Tenant. Irrespective ’s operations were similar to that of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in or its hours of operation were limited to the Demised Premises; howeverBusiness Hours, Landlord's agreement then Landlord reserves the right to furnish electricity does not include electricity for cause Tenant’s consumption or use of electrical equipment requiring voltage greater than that supplied energy to be separately metered from the consumption or use thereof by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of other tenants of the Building: and
(g) provide access , and Tenant shall reimburse Landlord for all costs and expenses incurred in connection therewith as Additional Rent on demand. In addition, Landlord may elect, at its sole discretion, to hookups cause Tenant’s consumption or use of electrical energy to any public be separately metered from the consumption or private right-of-ways adjacent to use thereof by other tenants of the Land for utilities or other communications systems available to Landlord or Tenant Building, but in such event, the costs and accessible expenses shall be borne by Tenant by air or underground at Tenant's sole cost and expense
6.02Landlord. If Landlord defaults in In the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04)event a separate meter is installed, Tenant shall give pay the cost of such electrical energy promptly upon receipt of the bxxx therefor.
9.7. The failure of Landlord notice specifying in what manner Landlord has defaulted and if such default to furnish any service hereunder or the interruption of any service to the Premises shall not be cured by Landlord within the period construed as a constructive eviction of time provided for elsewhere in this Lease, Tenant and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default canshall not be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences excuse Tenant from failing to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue perform any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, hereunder and such obligations shall survive not give Tenant any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant claim against Landlord for damages for failure to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for furnish such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:See Special Stipulation #10
(a) maintain Landlord shall render services and supplies incidental to this Lease in reasonable condition accordance with and repair as described in this Paragraph 17, as follows:
(i) Landlord shall cause the roof, foundation, structure, infrastructure, utilities, HVAC, other Premises to be cleaned.
(ii) Landlord shall furnish electric current for Building operating systems, exterior standard tenant lighting and common areas small business machinery only from electric circuits designated by Landlord for Tenant’s use. Such circuits will be fed into one or more of the existing electrical panel(s) in the electrical closets located on the same Building floor as the Premises. Tenant’s usage of said panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building;. Tenant will not, without Landlord’s prior written consent in each instance, connect any items such as non-Building standard tenant lighting, vending equipment, printing or duplicating machines, computers (other than desktop word processors and personal computers), auxiliary air conditioners, and other computer-related equipment to the Building’s electrical system, or make any alteration or addition to the system. If Tenant desires any such items, additional 208/120 volt electrical power beyond that supplied by Landlord as provided above, electric current in excess of 208/120 volts for purposes other than Building standard tenant lighting, or other special power requirements or circuits, then Tenant may request Landlord to provide such supplemental power or circuits to the Premises, which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord, on demand, the cost of the design, installation and maintenance of the facilities required to provide such additional or special electric power or circuits and the cost of all electric current so provided at a rate not to exceed that which would be charged by Georgia Power Company, or its successor, if Tenant were a direct customer thereof. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the Premises, and Tenant shall pay, on demand, the cost of the design, installation and maintenance of such metering facilities. In no event shall Tenant have access to any electrical closets in the Building, it being agreed that any electrical engineering design or contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, installation and maintenance of the facilities requested by Tenant shall be paid within thirty (30) days of Tenant’s receipt thereof. Landlord’s charge to Tenant for the cost of electric current so provided shall be paid within thirty (30) days of receipt of invoice by Tenant.
(biii) Landlord shall furnish reasonable amounts of heat seasonable air conditioning and air-conditioning heating during normal business hours (.HVAC.) 8:00 a.m. to the Demised Premises from 6:00 p.m. Monday through Friday and 8:00 a.m. until 6:00 1:00 p.m. on Monday through Friday except holidaysSaturday), and on Saturdays from 9:00 a.m. until 2:00 p.m. said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Should Tenant desire either heating or air conditioning at other times. Landlord agrees to provide same upon request. After hours HVAC shall be provided reasonable advance written request by Landlord upon request of Tenant, so long but at Tenant’s expense at such hourly rates as all costs of providing such after hours service, as reasonably estimated may be determined from time to time by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, which charge Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as pay promptly upon being billed therefor. If Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year installs equipment which in Landlord’s opinion produces enough heat to the next. Chilled fluid lines shall be available cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to obtain design a supplemental air conditioning on a twenty-four (24) hour basissystem, but subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system. Tenant shall be responsible for all installation determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount consumption of electricity for normal office use supplemental air conditioning and to maintain such equipment at Tenant’s expense. If such supplemental air conditioning is installed at the request of either Tenant or Landlord in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than a manner that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of utilizes the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04)condenser water loop, Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of pay a one-time provided for elsewhere in this Leasetap fee, and otherwise payable within thirty (30) consecutive days after of invoicing from Landlord, of THREE HUNDRED EIGHTY AND NO/100THS DOLLARS ($ 380.00) per ton of cooling equipment installed. Tenant shall also pay for the delivery necessary pump and piping to connect the supplemental air conditioning equipment to the Building condenser water risers. Regardless of whether such notice supplemental air conditioning is tapped into the Building condenser water loop, Tenant shall pay (except that in addition to the one-time tap fee, if such default cannot be cured within said thirty (30applicable) day periodeach calendar quarter in advance, as additional rent, a usage charge based upon the tonnage of the cooling equipment installed. At the commencement of the Term, this period usage charge shall be extended for a reasonable additional timeEIGHTY AND NO/100THS DOLLARS ($80.00) per ton per year of cooling equipment. Such usage charge may be increased at any time and from time to time by the same percentage increase from the date of the last usage charge adjustment if any, provided that Landlord commences in the officially authorized rate schedule of Georgia Power Company, or its successors, applicable to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to TenantBuilding; provided, however, that if the Demised Premises is not supplied with utilities required in no event will such usage charge, as increased hereunder, ever be decreased pursuant to any adjustments hereunder, it being agreed that if such a decrease would result, then no adjustment would be made until the terms next adjustment hereunder. Each adjustment may be made effective as of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice effective date of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or Georgia Power Company rate schedule adjustment and shall remain in equity. No such termination shall relieve Landlord of its obligations under effect until the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlordnext adjustment is made hereunder.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal Landlord shall not be liable for any damages directly or indirectly resulting from the installation, use or interruption of refuse use of any equipment in connection with the furnishing of services referred to in this Paragraph, and rubbish particularly any interruption in larger quantities or more often than is services by any cause beyond the immediate control of Landlord, provided Landlord shall use reasonable diligence in the rendering restoration of janitorial service, Tenant on demand shall pay the removal cost to Landlordsuch services.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain During the Term, the Landlord shall provide the following services and utilities subject to force majeure upon the terms and subject to the conditions set out in reasonable condition and repair Section 5.2(b) hereof, at the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas Tenant's cost (either directly or as part of the Building;Operating Costs):
(bi) furnish reasonable amounts except during the completion of heat and air-conditioning (.HVAC.) to repairs, alterations or Leasehold Improvements, climate control for the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request during the Tenant's business hours in order to maintain a temperature adequate for normal occupancy in accordancewith reasonable standards of Tenant, so long as all costs interior climate control generally pertaining at the date of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective this Lease applicable to normal occupancy of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred premises for usual office purposes.
(300ii) free hours of HVAC service per year (pro rated for the first janitor and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year cleaning services to the next. Chilled fluid lines shall be available in Premises and to the Building to permit Tenant to obtain supplemental air conditioning on in accordance with the standards of other buildings of a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to similar type located near the Demised Premises;
(d) furnish reasonable janitorial services for Building at the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l date of this Lease;
(fiii) furnish water and electricity in such quantities as the first floor lobby of Landlord, in its sole discretion, determines to be reasonable, shall be made available to the Building a directory of the firm or business names of tenants of the Building: . As part of this obligation, the Landlord shall provide hot and cold water to washrooms available for the Tenant's use in common with others entitled thereto and shall furnish electricity to the Premises during the Tenant's business hours for lighting and also for office equipment. If the Tenant's equipment requires such Utilities in excess of the quantities normally supplied by the Landlord and the Tenant requests the Landlord to supply such excess quantities, facilities to supply such excess quantities may be provided by the Landlord at the sole expense of the Tenant, if such excess facilities are available, subject to the following conditions:
(A) the Landlord will have the right to refuse to supply such excess Utilities if the supplying of additional facilities or excess Utilities shall materially adversely affect the operation, the aesthetics or the Structure of the Building, or in any material adverse way reduce the efficiency of existing electricity, water or other Utilities supplied to the Building; and
(gB) provide access to hookups to any public the actual cost of supplying such additional facilities or private right-of-ways adjacent excess Utilities shall be paid by the Tenant to the Land Landlord in accordance with Section 6.1 hereof, together with an amount equal to ten percent (10%) of the total cost thereof representing the Landlord's overhead and administrative costs;
(iv) passenger elevator service for utilities use by the Tenant and its Employees, agents and those doing business with it in common with other persons entitled thereto, to the Premises during the Tenant's normal business hours, subject to the Building's usual security requirements and any other rules and regulations required for the safe and efficient operation of the elevator servicing the Building; and
(v) usual facilities for bringing telephone service to the Premises.
(b) The provision by the Landlord of the services and Utilities referred to in Section 5.2(a) shall be subject to the following terms and conditions:
(i) the Landlord shall have no responsibility or liability for failure to supply climate control services when stopped or prevented from so doing by strikes or other communications systems available to Landlord causes beyond the Landlord's reasonable control;
(ii) any use of the Premises not in accordance with the design standards of the Building or Tenant and accessible any arrangement of partitions which interferes with the normal operation of the climate control system for the Building may require changes or alterations in the system or the ducts. Any changes or alterations so required, if such changes can be accommodated by Tenant the Landlord's equipment, shall be made by air or underground the Landlord, at the Tenant's sole cost expense, and expense
6.02only after such changes or alterations have received the Landlord's prior written consent. If installation of partitions, equipment or fixtures by or on behalf of the Tenant (other than the partitions installed pursuant to the Landlord's Work as set out in Schedule "C") necessitates the rebalancing of the portion of the climate control equipment serving the Premises, such work will be performed by the Landlord defaults at the Tenant's expense, together with an amount equal to ten percent (10%) of the total expense thereof representing the Landlord's overhead and administrative costs, and shall be payable by the Tenant within fifteen (15) days after written demand as Additional Rent;
(iii) the Landlord shall use reasonable efforts to adjust and balance the climate control systems as soon as reasonably possible after the Commencement Date;
(iv) the Landlord will not be responsible for any inadequacy of performance of the climate control system serving the Premises if:
(1) the occupancy of the Premises exceeds one (1) person for every one hundred (100) square feet of the Rentable Area of the Premises; or
(2) the electrical power consumed in the performance Premises for all purposes, exclusive of the heating, ventilating and air-conditioning system, exceeds nine (9) wattx xxx square foot of the Rentable Area of the Premises (or observance such other level of any provision wattage determined by the Landlord from time to time); or (3) the window coverings or exterior windows are not kept fully closed while the windows are exposed to direct sunlight. If the use of Paragraph 6.01 (except the Premises does not accord with the aforementioned requirements and changes in the climate control system are desirable or necessary to accommodate such use, the Landlord may make such changes and the entire cost thereof shall be paid by the Tenant to the extent permitted under Paragraph 6.04)Landlord as Additional Rent as set out in subparagraph (ii) hereof. If, Tenant shall give in the opinion of the Landlord, such changes result in Operating Costs in excess of those which would have occurred had such changes not been made, the Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within may estimate the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery amount of such notice (except that if excess on a reasonable basis and such default cannot be cured within said thirty (30) day period, this period amount shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within payable by the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or as Additional Rent in equity to Tenant; provided, however, that if the Demised Premises is not supplied accordance with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:;
(av) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, the elevator services provided by the Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal be subject to the cost Rules and Regulations attached hereto as Schedule "E". Temporary interruption of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilizedelevator service may be required during periods when repairs, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expensesalterations or Leasehold Improvements are being made; and
(bvi) require removal the Landlord shall not be liable and the Tenant hereby releases and holds harmless the Landlord from any claim, loss or damage resulting from: (1) any interruption or disruption of refuse and rubbish in larger quantities elevator service caused or more often than is reasonable in contributed to by mechanical failure; (2) any failure by the rendering Landlord to provide elevator service during any period of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03power interruption;
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
, at its expense, furnish the Premises with (ai) maintain in electricity subject to Item 10 of this Lease; (ii) heat and air conditioning during reasonable condition and repair usual business hours (exclusive of Saturday afternoons, Sundays and holidays) reasonably required for the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas occupation of the Building;
(b) furnish reasonable amounts of Premises, such heat and air-air conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by utilizing the existing systems in the Building, it being expressly understood and agreed by the parties that Landlord upon request specifically shall not be liable for any losses or damages of Tenant, so long as all costs of providing such after hours service, as reasonably estimated any nature whatsoever incurred by Landlord, are borne by Tenant. Irrespective Tenant due to any failure of the foregoingequipment to function properly, as or while it is being repaired, or due to each whole floor occupied by Tenantany governmental laws, regulations or restrictions pertaining to the furnishing or use of such heat and air conditioning; (iii) elevator service; (iv) lighting replacement for Building Standards lights; (v) toilet room supplies; (vi) daily janitor service during the time and in lieu of the manner that such janitor service is customarily furnished in first class office buildings in the metropolitan area where the Building is located; (vii) water; and (viii) sewerage. The foregoing services are designated "Building Standard". Monday - Friday 6:00 a.m. - 6:00 p.m. Saturday HVAC hours7:00 a.m. - 2:00 p.m. Additional hours billed at $35.00 per hour. Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, more complete or special services and maintenance (over Building Standard) are required, then Tenant solely shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all same and for any expenses and costs of installation any nature whatsoever associated with same. To this end, Tenant is and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l solely responsible for any expenses and costs of this Lease;
(f) furnish any nature whatsoever associated with, among other things, maintaining upgraded tenant improvements in the first floor lobby Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non- Building Standard HVAC systems and facilities serving the Premises, etc. Landlord warrants and represents that all systems are in good working order and repair as of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent commencement date hereof, to the Land for utilities or other communications systems available to best of Landlord's ability. Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured liable for any damages directly or indirectly resulting from, nor shall any Rent herein set forth be reduced or abated by Landlord within reason of (1) installation, use, or interruption of use of any equipment in connection with the period furnishing of time provided for elsewhere any of the foregoing services, or (2) failure to furnish, or delay in this Leasefurnishing, and otherwise within thirty (30) consecutive days after any such services when such failure or delay is caused by accident or any condition beyond the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess or by the making of 24 hours after necessary repairs or improvements to the Premises or to the Building or because of receipt by Landlord of Tenant's verbal notice of such failureany governmental laws, Tenant may terminate this Lease regulations or pursue any other remedy available at law or in equityrestrictions. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive The temporary failure to furnish any such termination. No action on the part services shall not be construed as an eviction of Tenant shall limit or prejudice relieve Tenant form the right duty of Tenant to obtain the maximum amount of damages allowed by observing and performing any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If provisions of this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordlease.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Sublease (Brite Voice Systems Inc)
LANDLORD'S SERVICES. 6.01. Landlord shallLandlord, during the Lease Term, shall provide the following services, the cost of which, unless otherwise expressly provided herein, shall be included in Operating Expenses:
(ai) maintain in reasonable condition the repair, maintenance and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas replacement (when necessary or appropriate) of the Building;
structural components of the Premises including the structural walls, concrete floors and roof (b) furnish reasonable amounts of heat but specifically excluding all glass, interior and air-conditioning exterior), and the mechanical systems serving the Building (.HVAC.including, without limitation, the heating, air conditioning, electrical, plumbing and sanitary sewer) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidayspoint where the same enter the Premises, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if notwithstanding anything to the Demised contrary contained herein neither (A) the cost of replacing (as opposed to maintaining and repairing) the structural components of the Premises and the Building (including the roof) nor (B) any mechanical systems that exclusively service another tenant’s premises shall be Operating Expenses or otherwise charged to Tenant. Landlord shall not be liable for damages caused by its failure to make any such repairs, provided that Landlord has used reasonable efforts to attempt to have such repair made after having been notified by Tenant that such repair must be made promptly and that Tenant will be damaged by the failure to make such repairs promptly;
(ii) The maintenance of the landscaping on the Land;
(iii) The maintenance, repair and replacement of the parking areas, driveways, and walkways located on the Land (including, without limitation, the removal of snow and ice);
(iv) The insurance which Landlord is not supplied with utilities required to maintain on the Building Complex pursuant to Article 6 below;
(v) The management of the terms Building Complex;
(vi) Parking and common area lighting; and
(vii) Security for the Common Areas of this Lease due to circumstances within the control Building Complex (but specifically excluding the interior of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease the Premises or pursue any other remedy available leased space in the Building Complex which security, if any, shall be at law or in equity. No the election of and the sole responsibility of the tenant occupying such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord[eased space).
6.03. If(viii) The maintenance, in Landlord's opinionrepair and replacement of the heating and air conditioning (“HVAC”), any Tenant shall:
(a) use any utilityelectrical, plumbing and sewer systems that serving the Building Complex, which may include a service contract for the semi-annual performance of standard HVAC system maintenance, including but not limited to electricity or waterto, in an excessiveperiodic replacement of filters, extravagant or unreasonable manner, Landlord may install meters measuring the quantity oiling of such utility used in the Demised Premises mechanical components and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation inspection for wear and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlordtear.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. (a) During the Term, the Landlord shallshall provide the following services and utilities upon the terms and subject to the conditions set out in Section 5.2(b) hereof:
(ai) except during the completion of repairs, alterations or Leasehold Improvements, climate control for the Leased Premises shall be provided during Normal Business Hours in order to maintain a temperature adequate for normal occupancy in reasonable condition accordance with the provisions hereof. If the Tenant requires the provision of climate control services to the Leased Premises outside Normal Business Hours it shall provide the Landlord with not less than two (2) banking days prior notice thereof and repair the roofLandlord will provide such services to the Tenant, foundationat the Tenant's expense, structureat the rate determined by the Landlord in its sole discretion, infrastructurewhich shall be payable by the Tenant within five (5) days after written demand as Additional Rent;
(ii) when reasonably necessary from time to time, utilitiesthe Landlord shall cause the floors in the Leased Premises to be cleaned or vacuumed, HVACthe windows to be cleaned and the desks, tables and other Building operating systemsfurniture of the Tenant to be dusted, exterior all in keeping with the standards of a first-class office building;
(iii) water and common areas electricity in such quantities as the Landlord, in its sole discretion, determines to be reasonable, shall be made available to the tenants of the Building;. If the Tenant's equipment requires such utilities in excess of the quantities normally supplied by the Landlord and the Tenant requests the Landlord to supply such excess quantities, facilities to supply such excess quantities may be provided by the Landlord at the sole expense of the Tenant, if such excess facilities are available, subject to the following conditions:
(bA) furnish reasonable amounts the Landlord will have the right to refuse to supply such excess utilities if the supplying of heat and air-conditioning (.HVAC.) additional facilities or excess utilities shall in any way affect the operation, the aesthetics or the Structure of the Building, or in any way reduce the efficiency of existing electricity, water or other utilities supplied to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysBuilding; and
(B) the actual cost of supplying such additional facilities or excess utilities shall be paid by the Tenant to the Landlord upon demand and in accordance with Section 6.1 hereof, together with an amount equal to fifteen percent (15%) of the total cost thereof representing the Landlord's overhead and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC administrative costs; and
(iv) elevator service shall be provided by the Landlord upon request of Tenantduring Normal Business Hours, so long as all costs of providing such after hours service, as reasonably estimated for use by Landlord, are borne by Tenant. Irrespective the Tenant in common with others and subject to the conditions set out in section 5.2(b) and any other rules or regulations required for the safe and efficient operation of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by servicing the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. Landlord shall:
(a) maintain in reasonable condition Landlord shall furnish seasonal air conditioning and repair heating from 7:00 A.M. to 6:00 P.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed by the roofCity of Atlanta, foundationState of Georgia, structure, infrastructure, utilities, HVAC, other the federal government or labor unions servicing the Building operating systems, exterior and common areas (“Business Days”). As of the Building;
date of this Lease, New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (b) furnish “Holidays”). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided advance written request by Landlord upon request of Tenant, so long but at Tenant’s expense and at such hourly rates as all costs of providing such after hours service, as reasonably estimated may be determined from time to time by Landlord, are borne which charge Tenant shall pay promptly upon demand by TenantLandlord. Irrespective Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the foregoingsun’s position, as and Tenant also agrees at all times to each whole floor occupied cooperate fully with Landlord and to abide by Tenantall the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, in lieu ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of Saturday energy. Landlord will not be responsible for failure of the HVAC hours, System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall be provided use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with three hundred (300) free hours the normal operation of the HVAC service per year (pro rated for System, Landlord may elect to make changes to the first HVAC System or the ducts, and last lease years) at such times as Tenant may request; however, there the cost shall be no carry over reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any unused free hours from one calendar year time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to the next. Chilled fluid lines shall be available cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to obtain design a supplemental air conditioning on a twenty-four (24) hour basissystem, but subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for all installation determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and energy costs associated therewith;engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant’s sole cost and expense, by a contractor reasonably approved by Landlord. Landlord shall be named as an additional beneficiary under any warranty on the supplemental air conditioning system.
(cb) Landlord shall cause the Premises (excluding any secured areas designated by Tenant or other areas used for the storage, preparation, service or consumption of food or beverage) to be cleaned five (5) days per week, excluding Holidays, provided that Tenant shall keep the Premises in order. Notwithstanding the above, Landlord shall provide sufficient elevator general janitorial service for reasonable access to the Demised Premises;
(d) furnish reasonable Tenant’s pantry, but such service shall not include cleaning kitchen equipment or dishes. Tenant shall not provide any janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, independent contractors without Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's ’s prior written consent is obtainedconsent, which consent shall not be unreasonably be withheld so long as and then subject only to supervision by Landlord and by a janitorial contractor or employees at all times satisfactory to Landlord. Any such services provided by Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l at Tenant’s sole risk, cost and responsibility. Tenant shall pay the cost of this Lease;
(f) furnish in removing any of Tenant’s refuse and rubbish from the first floor lobby of Premises and the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within that the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. Ifsame, in Landlord's opinionany one day, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring exceeds the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal average daily amount of refuse and rubbish in larger quantities or more often than is reasonable accumulated in the rendering use of janitorial servicesuch Premises as offices, as described in Landlord’s cleaning contract or recommended by Landlord’s cleaning contractor. Bills rendered by Landlord shall be paid as Additional Rent within ten (10) days after demand. Tenant on demand shall pay cause all portions of the removal cost Premises used for the storage, preparation, service or consumption of food or beverages to Landlordbe cleaned daily in a manner reasonably satisfactory to Landlord and to be treated whenever there is evidence of any infestation. Landlord shall have no obligation to clean, repair, replace or maintain any “private” plumbing fixtures or facilities.
(c) Landlord shall furnish electric current for Building standard tenant lighting and for standard office business machinery only from electric circuits designated by Landlord for Tenant’s use. Such circuits shall be fed into one or more of the existing electrical panel (s) in the electrical closets located on the same Building floor as the Premises. Tenant’s usage of the panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant agrees that at no time will the connected electrical load in the Premises exceed in the aggregate five (5) xxxxx per usable square foot of the Premises. Tenant will not use any electrical equipment which, in Landlord’s reasonable opinion, will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant will not, without Landlord’s prior written consent in each instance, connect any items such as non-Building standard tenant lighting, vending equipment, or auxiliary air conditioners to the Building’s electrical system or make any alteration or addition to the system.
(d) Landlord shall maintain the Common Areas including, but not limited to the corridors, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building and the structure itself, in good order and condition, except for damage occasioned by the act of Tenant, its agents, servants, employees, guests or invitees, which damage shall be repaired by Landlord at Tenant’s expense.
(e) Landlord shall furnish hot and cold water for ordinary drinking, cleaning and lavatory purposes. If Tenant requires, uses or consumes water for other purposes, Tenant agrees to install and pay for the cost and maintenance of a meter or other means to measure Tenant’s water consumption. Tenant shall reimburse Landlord for the cost of all water excess consumed (including costs of generating hot water) as Additional Rent, within ten (10) days after demand.
(f) Except for the gross negligence or willful misconduct of Landlord, its agents, employees, contractors, Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent herein reserved be abated by reason of: (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building; or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. No action diminution or abatement of Rent or other compensation will be taken claimed by Tenant as a result therefrom, and no obligations of Tenant shall be affected or reduced by reason of such interruption, curtailment or suspension, and the same shall not constitute an actual or constructive eviction.
(g) Landlord shall provide elevator service to the Premises during Business Days, and subject to Subparagraph (f) above, on call at all other times.
(h) Any sums payable under Section 6.03(athis Paragraph 5 shall be considered Additional Rent and may be added to any installment of Rent thereafter becoming due and shall accrue late charges as Rent as set forth in Paragraph 16 of this Lease, and Landlord shall have the same remedies for a default in payment of such sums as for a default in the payment of Rent.
(i) Subject to the provisions of this Lease, Tenant shall have access to the Premises 24 hours per day, 7 days per week, 365 days per year. Notwithstanding anything to the contrary, it is not the intention of Landlord or 6.03Tenant for Tenant to occupy the Premises for a 24-hours per day business operation.
Appears in 1 contract
LANDLORD'S SERVICES. 6.018.1. Landlord shall:
covenants and agrees that it shall maintain the Building in a manner consistent with other Class A office buildings located in the Annapolis Metropolitan area and shall furnish, between the hours of 8:00 A.M. and 6:00 P.M. Monday through Friday of each week, except holidays recognized by the U.S. Government, without additional charge: (a) heat and air conditioning to maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
Premises at a reasonably adequate temperature; (b) furnish reasonable amounts electricity for lighting purposes and operation of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidaysordinary office equipment, including computers, telephone equipment, supplemental HVAC, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request other equipment installed in the Premises as of Tenant, so long as all costs the Commencement Date excluding such other equipment requiring heavier than normal office use of providing such after hours serviceelectricity, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, provided for in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred paragraph 8.2; (300c) free hours of HVAC service per year elevator service; (pro rated for the first d) janitor and last lease yearschar services; and (e) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-twenty four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for Building via a "Kastle type" card system. Overtime HVAC may be available by prior arrangement with Landlord, and Tenant will be billed at the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in prevailing rate then being charged by the Demised Premises; howeverutility company, plus Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs actual cost of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
providing same (f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity engineering costs and an overhead factor of fifteen percent (15%)). It being understood and agreed, however, that Landlord shall not be liable in any way for any damage or waterinconvenience caused by the cessation or interruption of such heating, in an excessiveair-conditioning, extravagant electricity, elevator, janitor or unreasonable mannerchar service occasioned by fire, accident, strikes, necessary maintenance, alterations or repairs, or other causes beyond Landlord's control and Tenant shall not be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding the foregoing, Landlord may install meters measuring expressly disclaims any representations or warranties of any kind including but not limited to fitness for a particular purpose that the quantity present electrical, HVAC and telephone communication systems are satisfactory for the contemplated use by Tenant of such the Premises.
(a) Tenant shall separately meter and pay, at its sole and absolute expense, for all electric utility used costs incurred in connection with its use and occupancy of the Demised Premises and TenantPremises, on demandincluding without limitation, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of installing, servicing and maintaining all inside or outside wiring or lines, meters or submeters, transformers, poles, air-conditioning and heating costs, or the utility used at rates equal to cost of any other equipment necessary for the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; andPremises.
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay all wiring and utility costs occasioned by eletrodata processing machines, telephone equipment, fiber optic equipment, computers and other extraordinary equipment not found in modern offices of higher than normal electrical consumption which are necessary for a 24-hour central computing networking facility, including without limitation, the removal cost to Landlordof installing, servicing and maintaining any special or additional inside or outside wiring or lines, meters or submeters, transformers, poles, air-conditioning costs, or the cost of any other equipment necessary for the contemplated power usage of the Premises as a twenty four hour computing facility.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
LANDLORD'S SERVICES. 6.01. 66.1 Landlord shallshall furnish Tenant with the following services:
66.1.1 Non-exclusive passenger elevator service during regular hours (a) maintain in reasonable condition and repair that is, between the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas hours of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until and 6:00 p.m. on Monday through Friday (“Regular Hours”) of Business Days (which term is used to mean all days except Saturdays, Sundays, those days that are observed by the State or Federal governments as legal holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestthose days designated as holidays by the applicable building service union employees’ contract) through the year (“Business Days”). After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of Notwithstanding the foregoing, as subject to each whole floor occupied by Tenantforce majeure, in lieu to Section 66.4 of Saturday HVAC hoursthis Lease, Tenant and to applicable law, Landlord shall be provided with three hundred (300) free make available at least one passenger elevator for use 24 hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; howevera day, there seven days a week, 365 days a year. There shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of passenger elevator at any time whatsoever for construction deliveries or move-in or move-out.
66.1.2 Furnish cold water for lavatory, pantry, kitchen (if existing on the firm or business names of tenants of the Building: and
(gCommencement Date) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground office cleaning purposes. Tenant, at Tenant's ’s sole cost and expense
6.02, shall have the right to install a hot water heater to provide hot water to the Premises. If Landlord defaults in the performance Tenant requires, uses or observance of consumes water for any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04)other purposes, Tenant shall give agrees to Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Leaseinstalling a meter or meters or other means to measure Tenant’s additional water consumption, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences Tenant further agrees to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of reimburse Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord on demand for the cost of all additional water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents.
66.2 Tenant shall clean and maintain the Premises at rates equal Tenant’s sole cost and expense and shall contract directly with a cleaning company designated by Landlord and paid for by Tenant. All waste and garbage shall be removed from the Premises to the rate that outside of the supplying utility Building, at Tenant’s sole cost and expense, on a daily basis, by a private sanitation company independently contracted for and paid for by Tenant and designated by Landlord. Tenant shall not store any garbage, cartons or inventory outside of the Premises. Tenant covenants and agrees, at its sole cost and expense, to comply with its own equipment would then charge Tenant for such service. If this method all present and future laws, orders and regulations of furnishing utilities to Tenant is utilizedall state, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment federal, municipal and local governmental, departments, commissions and boards regarding the collection, sorting, separation and recycling of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of waste products, garbage, refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial servicetrash. Tenant shall sort and separate such waste products, Tenant on demand shall pay the removal cost to Landlordgarbage, refuse and trash into such categories as provided by law.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03
Appears in 1 contract
Samples: Office Lease (PCI Media, Inc.)
LANDLORD'S SERVICES. 6.01. Landlord shallshall furnish the following services to Tenant during the Term of this Lease:
(a) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building;
(b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Janitor service shall be provided Monday through Friday except holidaysof each week, exclusive of New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, pursuant to specifications therefor described on Exhibit “G” attached hereto and incorporated herein by reference. The janitorial staff shall be subject to Tenant’s security clearance procedures for the Premises. Additionally, Tenant shall have the right to replace the janitorial services provided by Landlord, and if Tenant so elects, then the rental under this Lease shall be reduced by Landlord’s previous cost in providing such janitorial services as documented by an amendment to this Lease to be executed by Landlord and Tenant. Tenant will design Tenant’s electrical system serving any equipment producing non-linear electrical loads to accommodate such non-linear electrical loads, including, but not limited to, over-sizing neutral conductors, de-rating transformers and/or providing power line filters. Tenant’s final contract documents for the Tenant Improvements (as defined in the Work Letter) shall include a calculation of Tenant’s fully connected design load with and without demand factors and shall indicate the number of xxxxx of un-metered and sub-metered loads. The design and installation of any additional electrical equipment (or any related meter) required by Tenant shall be subject to the prior approval of Landlord (which approval shall not be unreasonably withheld). All expenses incurred by Landlord in connection with the review and approval of any additional electrical equipment shall also be reimbursed to Landlord by Tenant. If any of Tenant’s electrical equipment requires conditioned air in excess of Building Standard air conditioning, the same shall be installed by Tenant at Tenant’s sole cost in a manner previously approved by Landlord in writing, and Tenant shall pay all design, installation, metering and operating costs relating thereto. To the extent the services described hereinabove require electricity and water supplied by public utilities, Landlord’s covenants thereunder shall only impose on Saturdays from 9:00 a.m. until 2:00 p.m. upon requestLandlord the obligation to use its good faith, reasonable efforts to cause the applicable public utilities to furnish the same. After hours HVAC All of the services (other than janitorial) contemplated under this Section 17 as well as any other applicable utility services shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith;
(c) provide sufficient elevator service for reasonable access to the Demised Premises;
(d) furnish reasonable janitorial services for the Demised Premises;
(e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease;
(f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and
(g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground solely at Tenant's sole cost and expense
6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease’s cost, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day periodin no event, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue notwithstanding any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms provision of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord.
6.03. If, in Landlord's opinion, any Tenant shall:
(a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demandcontrary, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and
(b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord.
(c) No action will be taken by Landlord under Section 6.03(a) or 6.03incur
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)