LANDLORD'S SERVICES. Landlord will provide, after the term of this Lease shall have commenced the following services to the Premises in the manner hereinafter more particularly set forth: (i) heat, ventilation and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect to the Premises, in 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, multiplied 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, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, at no cost to Tenant, connections to the Building's life safety systems, 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 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.
Appears in 1 contract
Samples: Lease Agreement (New York Times Co)
LANDLORD'S SERVICES. 11.01 Landlord, as a Cost of Operation, shall furnish adequate hot and cold water to the floor or floors on which the Demised Premises are located for drinking, lavatory, toilet and ordinary cleaning purposes.
11.02 Landlord will provideshall, after as a Cost of Operation, keep clean, and in good order and repair, the term public areas and the public facilities of this Lease the Building.
11.03 Landlord, as a Cost of Operation, shall have commenced the following provide public elevator services to the floor(s) on which the Demised Premises in the manner hereinafter more particularly set forth: are situated during Standard Business Hours, and shall have at least one (i) heat, ventilation and air conditioning; (ii1) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant subject to call at all other times. The elevator(s), or any or all of them, if more than one, may be operated by automatic control, and/or by manual control, as Landlord shall determine at any time during or from time to time. Landlord shall not be obligated to furnish an operator for any automatic elevator and shall have no liability to Tenant for discontinuing the term service of this Lease elect to provide its own cleaning service with respect to any operator theretofore furnished.
11.04 Provided that Tenant shall keep the Demised Premises in good order, Landlord, as a Cost of Operation, shall cause the Demised Premises, in which event including the exterior and the interior of the windows thereof (subject to Tenant shall maintaining unrestricted access to such windows), to 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, multiplied 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 cleaned in accordance with the provisions of standards set forth in Exhibit J "D" annexed hereto under and hereby made a part hereof. Tenant will not clean, nor require, permit, suffer or allow any window in the Demised Premises to be cleaned from the outside. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) cleaning contract with an independent cleaning contractor unaffiliated with Landlord covering work in the remaining office Demised Premises or the Building or otherwise on or about the Building required because of (1) misuse or neglect on the part of Tenant or its employees or visitors, (2) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work other than office area, (3) interior glass surfaces, (4) non-building standard materials or finishes installed by Tenant or at its request, (5) increases in frequency or scope in any of the items set forth in Exhibit "C" as shall have been requested by Tenant, and (b) removal from the Demised Premises and the Building to which Landlord of (1) so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated dally in the routine or a Landlord Affiliateordinary business office occupancy and (2) is providing cleaning services, or if no such contract is in effect, all of the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildingsrefuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall also provide, at no cost to Tenant, connections have after hours access to the BuildingDemised Premises and the use of Tenant's life safety systemslight, but power and water in the actual cost Demised Premises as may be reasonably required for the purpose of cleaning the Demised Premises. Extraordinary waste (without profit such as crates, cartons, boxes, etc., and used furniture or markupequipment) to physically make such connections shall be removed from the Building by Tenant at Tenant's Costown cost and expense. Any dispute between At no time shall Tenant place any waste of any kind in any public areas. If Tenant does so, the parties as agree that everything so placed shall be deemed abandoned and of no value to Tenant and Landlord may have the amount same removed and disposed of at Tenant's expense. Such expense shall be deemed additional rent payable by Tenant within ten (10) days after being billed therefor. This remedy is in addition to any other remedies Landlord may have under this Lease.
11.05 With respect to parking of vehicles:
A. Landlord represents that throughout the Cleaning Cost ReductionTerm there will be a paved, if applicable, may be submitted by either party to arbitration in accordance illuminated parking area for the Building with the provisions number of Parking Spaces specified in Article 35 hereof1. Notwithstanding the provisions of this Section 15.01(a) Tenant shall require its personnel and visitors to the contrary, if Tenant elects to provide its own cleaning service with respect to the Premises, Tenant agrees that park their vehicles only in (i) Tenant shall not exercise such rights in common Parking Spaces designated by Landlord for Tenant's use for its personnel and visitors on a manner which would create any work stoppage at the Building "first come, first served" basis, and (ii) notwithstanding up to seven marked Parking Spaces in the rear of, and near, the Building which Landlord shall xxxx with Tenant's name or logo. Landlord similarly may xxxx up to 28 additional Parking Spaces for other tenants with their names or logos. Attached hereto as Exhibit E is a parking plan showing the marked Parking Spaces for Tenant and the total marked Parking Spaces area. The actual number of marked Parking Spaces for Tenant shall be equal proportionately (on a per square foot of Leased Floor Space basis) to the number of each marked spaces given to any other tenant in the Building. Landlord shall have no obligation whatsoever to patrol, monitor or secure any marked Parking Spaces. Landlord reserves the right at all times to redesignate marked and/or other Parking Spaces. Tenant, its personnel and visitors shall not at any time park any trucks or delivery vehicles in any of the parking areas. Parking Spaces shall be provided at no additional cost to Tenant.
B. There shall not be overnight parking except in that portion of the parking area designated by Landlord for overnight parking ("overnight parking area"), and Tenant shall, and shall cause its personnel and visitors to, remove their automobiles from the parking area except any overnight parking area at the end of the working day. If any automobile owned by Tenant or by its personnel or visitors remains in the parking area overnight except any overnight parking area and the same interferes with the cleaning or maintenance of said areas (snow or otherwise,) any costs or liabilities incurred by Landlord in removing said automobile to effectuate cleaning or maintenance, or any damages resulting to said automobile or to Landlord's equipment or equipment owned by others by reason of the presence of or removal of said automobile during such cleaning or maintenance shall be paid by Tenant to Landlord, as additional rent on the rent payment date next following the submission of a xxxx therefor.
C. All Parking Spaces and any other parking areas, roadways, and driveways used by Tenant, its personnel and visitors will be at their own risk, and Landlord shall not be liable for any injury to person or property, or for loss or damage to any automobile or its contents, resulting from theft, collision, vandalism, or any other cause whatsoever unless solely resulting from the willful or grossly negligent act of Landlord or Landlord's employees. Landlord shall have no obligation whatsoever to provide a guard or any other personnel or device to patrol, monitor, guard or secure any parking areas; if Landlord does so provide, it shall be solely for Landlord's convenience, and Landlord shall in no way whatsoever be liable for any acts or omissions of such personnel or device in falling to prevent any such theft, vandalism, or loss or damage by other cause.
11.06 Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to stop, interrupt, or suspend service of any of the heating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or the rendition of any other services required of Landlord under this Lease, whenever and for so long as may be necessary, by reason of accidents, emergencies, the making of repairs or changes which Landlord is required by this Lease or by law to make or in good xxxxx xxxxx advisable, or by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of Events of Force Majeure, provided that, in each instance Landlord shall exercise due diligence to eliminate the cause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, when practicable, of the commencement and anticipated duration of such stoppage, and if any work is required to be performed in or about the Demised Premises for such purpose, the provisions of Exhibit J, if Tenant elects to provide its own cleaning service as provided in this Section 15.01(a), 14.03 shall apply. Tenant shall not perform be entitled to any cleaning outside the Premises and the Cleaning Cost Reduction diminution or abatement of rent or other compensation nor shall not include this Lease or any amount attributable to cleaning outside of the Premisesobligations of Tenant be affected or reduced by reason of the interruption, stoppage, or suspense of any of the Building systems or services arising out of the causes set forth in this Section.
Appears in 1 contract
LANDLORD'S SERVICES. Landlord to provide Services
(1) for the interruption of a Service for reasons of inspection maintenance repair or other works (in which event the Landlord will providerestore the Service as soon as reasonably practicable),
(2) for failure to provide a Service due to damage breakdown inclement weather shortage of fuel or water or any other cause beyond the Landlord’s reasonable control (although the Landlord will then take all reasonable steps to restore such Service or provide an alternative Service as soon as reasonably practicable);
(3) for withdrawal of a Service if the Landlord reasonably considers it is no longer appropriate* or
(4) in respect of any act omission or negligence of any employee of the Landlord or other person providing or purporting to provide any Service.
Part 1 — The Services Part A (the Estate Services)
(a) the lighting of any of the Common Parts of the Landlord’s Estate
(b) the repair insurance maintenance and replacement from time to time of the roads, after paths parking areas and loading bays or other Common Parts on the term Landlord’s Estate any estate name boards and party walls or structures or walls or fences enclosing the Landlord’s Estate and all Conducting Media not used exclusively by a particular tenant on the Landlord’s Estate.
(c) the cultivation of this Lease shall have commenced any planted or grassed areas of the following services to Landlord’s Estate.
(d) the Premises provision of suitable refuse bins in the manner hereinafter more particularly set forth: Common Parts of the Landlord’s Estate and the collection and removal of refuse.
(e) discharging all rates, taxes, assessments, duties and impositions payable in respect of the Common Parts of the Landlord’s Estate.
(f) security services including equipment.
(g) servicing of heating apparatus within any of the buildings on the Estate other than that which is the responsibility of the Tenant under this Agreement or other tenants from time to time of the Building.
(h) providing such other services or carrying out any other work which the Landlord shall from time to time consider necessary for the benefit of the Landlord’s Estate or the tenants or other occupiers of the Estate or otherwise in keeping with the principles of good estate management,
(i) heatadministering the services provided including the accounts and records thereof
(1) the repair maintenance and renewal of the Building except those parts which are the responsibility of the Tenant under this Agreement or other tenants from time to time of the Building.
(2) the insurance maintenance and repair from time to time of the entranceways, ventilation passages, staircases and air conditioning; lifts (iiif any) elevator service; communal toilets and washrooms and kitchens of the Building intended for common use.
(iii3) domestic hot lighting and cold water; heating of the Common Parts of the Building.
(4) the cleaning of the Common Parts of the Building.
(5) the provision of a reception facility to the Building where considered appropriate in the interests of good estate management.
(6) supplying, maintaining, repairing and renewing as need be such fire fighting and alarm equipment in or on the Common Parts of the Building as the Landlord may deem desirable or necessary or as may be required to be supplied and maintained by it by statute or by the relevant fire authority or the Landlord’s Insurers.
(iv7) cleaning (unless Tenant shall at any time during maintenance, repair and replacement in the term Building of this Lease elect an internal phone system and a burglar alarm system if deemed appropriate to provide its own cleaning service with respect same by the Landlord in the Building.
(8) for the Property during usual business hours in so far as they are not separately supplied and metered reasonable heating, lighting and electric power.
(9) any other services provided by the Landlord to the Premises, in which event Tenant shall be entitled Building from time 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, multiplied 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 time in accordance with the provisions principles 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, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, at no cost to Tenant, connections to the Building's life safety systems, 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 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 good estate management and 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 Premisesexpressly mentioned herein.
Appears in 1 contract
LANDLORD'S SERVICES. So long as Tenant is not in default ------------------- hereunder, Landlord will provideshall:
a. Regularly on business days clean or cause the Premises and the Building to be kept clean to the standards set forth in Exhibit "E" attached hereto and made a part hereof, after provided the term of this Lease shall have commenced the following same are kept in order by Tenant.
b. Arrange for all required utility services to the Premises; provided, however, that Landlord shall not be liable to Tenant for any -------- ------- loss or damage arising from interruption in such utility services.
c. Provide the services referenced in subsection 6(a)(4)(D) above.
d. Make all repairs necessary to maintain the plumbing and electrical systems, windows, floors (excluding carpeting), and all other items which constitute a part of the Premises in and are installed or furnished by Landlord, except repairs to Tenant's trade fixtures and property and installations which Tenant is obligated to make or which were performed by Landlord at Tenant's request; provided , however, that Landlord shall not be -------- ------- obligated for any of such repairs until the manner hereinafter more particularly set forth: (i) heatexpiration of a reasonable period or time after written notice from Tenant that such repair is needed. 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, licenses, subtenants, or contractors. Notwithstanding the terms and conditions of the previous paragraph, at Landlord's sole cost and expense, Landlord shall be responsible for the maintenance and replacement of the primary heating, ventilation and air conditioning; conditioning systems in the Building (ii) elevator service; (iii) domestic hot including individual heat pumps), including the duct work servicing such systems, the existing primary electrical service to each floor of the Building, the existing base sprinkler loop within each floor, required renovations and cold water; and (iv) cleaning (unless Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect modifications to the Premisesrestrooms and required modifications or renovations to the restrooms, in which event Tenant shall be entitled to a reduction in Fixed Rent (elevators, lobby areas and other building common areas required by 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 PremisesAmericans with Disabilities Act. Except as specifically set forth above or as otherwise herein provided, multiplied by (y) the cost which would have been all other expenses 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, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, at no cost to Tenant, connections to maintaining the Building's life safety systems, 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 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 Land shall be Operating Expenses. Tenant shall take good care of the Premises and the fixtures and appurtenances therein. 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 repairs or replacements, the same may be made by Landlord and such expense shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Landlord shall not include be liable by reason of any amount attributable injury to cleaning outside or interference with Tenant's business arising from the making of any repairs, alterations, additions or improvements in or to the PremisesPremises or the Building or to any appurtenances or equipment therein. Except as expressly provided in Sections 11 and 12 hereof, there shall be no abatement of rent because of such repairs, alterations, additions or improvements.
Appears in 1 contract
LANDLORD'S SERVICES. 10.1 Except where otherwise specified, Landlord will provide, after the term of this Lease shall have commenced furnish the following services during workday hours of 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, inclusive, except holidays observed by national banks in Palm Beach County, Florida:
(a) Elevator service in common with other tenants during such hours as are set by Landlord, provided that at all times Landlord shall make available to Tenant one elevator to service the Leased Premises in common with the premises of other tenants,
(b) Water for ordinary lavatory purposes and common use restrooms,
(c) Heating, cooling, and ventilation service for the Building and Leased Premises,
(d) Cleaning and pest control services of the Building, including the Leased Premises, during nonbusiness hours, except Saturdays and Sundays, and
(e) Electric current and lighting (including bulbs, switches, ballasts, tubes, etc.) for common areas.
10.2 Landlord shall in no way be liable for cessation of any of the services under this article 10 caused by strike, accident, breakdown, or other causes beyond Landlord's reasonable control nor shall Landlord be liable for damages from the stopping of elevators or elevator service or from any of the fixtures or equipment in the Building being out of repair or for injury to person or property caused by any defects in the electrical equipment, ventilating and air conditioning system, elevators, or water apparatus or for any damages arising out of failure to furnish the services enumerated in this article. Cessation of any of the services of this article 10 shall not be considered to be an eviction or disturbance of Tenant's use of the Leased Premises nor shall this Lease or any of the provisions be deemed invalidated by such cessation.
10.3 There shall be no abatement, setoff, or apportionment of rent payable by Tenant relative to the Premises in failure of Landlord to furnish any of the manner hereinafter more particularly set forth: (i) heatservices under this article 10 or the making of any of the repairs or maintenance.
10.4 Landlord's obligation to furnish light, ventilation power, and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect to the Premises, in which event Tenant utilities shall be entitled to a reduction in Fixed Rent (conditioned upon the "CLEANING COST REDUCTION") from and after the effective date availability of such election by Tenant equal to (x) the number of rentable square feet contained in the Premises, multiplied 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, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildingsadequate sources thereof. Landlord shall also providehave the right to reduce heating, at no cost to Tenantcooling, connections to the Building's life safety systemslighting, 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 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 and water supplies within the Building and (ii) notwithstanding the provisions of Exhibit Jas required by any mandatory or voluntary fuel, if Tenant elects to provide its own cleaning service as provided in this Section 15.01(a)energy or water savings, 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 Premisesconservation, allocation, or similar statute, regulation, order, or program.
Appears in 1 contract
LANDLORD'S SERVICES. Landlord will provideProvided the Tenant is not in default under any of the covenants, after the term terms, conditions or provisions of this Lease beyond the applicable grace period provided herein, the Landlord shall have commenced furnish the following services services:
A. Cold and hot water at standard building temperatures to the Premises in and all lavatories, public or private, for ordinary drinking, cleaning, sanitary and lavatory purposes.
B. Subject to Section 46, maintenance of the manner hereinafter more particularly set forth: (i) heatstructure and the roof of the Building as well as all of the windows of the Building, ventilation whereas the Landlord shall bear the cost solely to the standard of an office building, as opposed to Tenant’s specific manufacturing use of the Premises at any specific time, with the Tenant bearing all necessary additional costs for such maintenance pursuant to its specific manufacturing use of the Premises. If and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall to the extent that Tenant’s specific manufacturing use of the Premises at any time during causes the term of this Lease elect Premises or the Building to provide its own cleaning service with respect to the Premisesbe damaged beyond normal and ordinary wear and tear typically experienced by a Building used solely for office use, in which event Tenant shall be entitled responsible for the cost to a reduction maintain or repair the Building to the condition the Building should be in, had its use been limited to office use.
C. Electric current, with the understanding, however, that the Minimum Rent described in Fixed Rent (the "CLEANING COST REDUCTION") from and after Preamble to this Lease does not include the effective date cost of such election electricity consumed by the Tenant equal to (x) the number of rentable square feet contained in the Premises.
D. The Landlord shall not in any way be responsible or liable to the Tenant at any time for any loss, multiplied by (y) damage, or expense resulting from any change in the cost which would quantity or character of the electric service or for its being no longer suitable for the Tenant’s requirements or from any cessation or interruption of the supply or current, nor shall any such loss, damage or expense, or non-tenancy or in any way relieve the Tenant of any obligation under the terms of this Lease.
E. The Tenant shall have been incurred by Landlord on a per rentable square foot basis to provide cleaning services access to the Premises 24 hours a day, 7 days a week.
F. The Landlord reserves the right, without being liable to the Tenant and without abatement or diminution in accordance Rent, to suspend, delay or stop any of the building services to be furnished and provided by the Landlord under this Lease whenever necessary by reason of fire, storm, explosion, strike, lockout, labor dispute, casualty or accident, lack or failure of sources of supply of labor or fuel (or inability in the exercise of reasonable diligence to obtain any required fuel), acts of God or the public enemy, riots, interferences by civil or military authorities in compliance 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 laws of the Building to which Landlord (United States of America or a Landlord Affiliate) is providing cleaning serviceswith the laws, orders or regulations of any governmental authority, or if no by reason of any other cause beyond the Landlord’s control, or for emergency, or for inspection, cleaning, repairs, replacements, alterations, improvements or renewals which in the Landlord’s reasonable judgment are desirable or necessary to be made. The Landlord agrees, however, to use its best efforts and to act with all due diligence to restore or have restored any services which may be suspended, delayed or stopped pursuant to this subparagraph F.
G. Except for the willful or negligent acts of the Tenant, its agents or employees, Landlord shall indemnify, defend and hold harmless the Tenant against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Landlord in or about the Premises as well as from the use and occupancy of the Premises by the Landlord, and further indemnify, defend and hold the Tenant harmless against and from any and all claims arising from any breach or default on the part of the Landlord in the performance of any covenant or agreement on the part of the Landlord to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Landlord, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such contract is claim or action or proceeding brought thereon; and in effectcase any action or proceeding be brought against the Tenant by reason of any such claim, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provideLandlord, at no cost to upon notice from the Tenant, connections covenants to resist or defend at the Landlord’s expense such action or proceeding by counsel reasonably satisfactory to the Building's life safety systems, 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 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.
Appears in 1 contract
Samples: Lease Agreement (Integra Lifesciences Holdings Corp)
LANDLORD'S SERVICES. (a) Landlord will provideshall cause to be furnished to the Demised Premises in common with other Tenants from 8:00 a.m. to 6:00 p.m. Monday through Friday and from ---- ---- 8:00 a.m. to 1:00 p.m. on Saturdays excluding national or state holidays (herein ---- ---- called the "Standard Work Week"), the following services: maintenance of casualty insurance by Landlord on the Building in such form and amount as is satisfactory to Landlord, water to the extent available, electricity to the extent available for normal general office use, removal of trash from site receptacles in accordance with city schedules, normal heating and air conditioning for the reasonably comfortable use and occupancy of the Demised Premises (provided heating and cooling to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service), Building repair and maintenance as set forth in Section 8 below, and Common Area Maintenance as set forth in Section 14 below. All costs resulting from Tenant's extraordinary usage of water, heating, air conditioning, electricity, trash removal, or other services provided by Landlord shall be paid by Tenant as additional rent within thirty (30) days of billing by Landlord. Tenant shall not install equipment with unusual demands for any of Landlord's services without Landlord's prior written consent which Landlord may withhold if Landlord reasonably determines that such equipment is not suitable for the Building or may not safely be used therein. Notwithstanding anything herein to the contrary, upon Tenant's request, Landlord shall provide after hours heating and air conditioning to the Demised Premises at a current charge of $25.00 per hour as ------ additional rent, which charge shall be subject to upward adjustment from time to time as Landlord shall reasonably determine to cover its costs and expenses. Landlord shall not be responsible for any failure of or interruption in utility or other services to the Building or Demised Premises.
(b) Tenant shall pay or cause to be paid all charges for telephone or any other communication or utility service used in or rendered or supplied to the Demised Premises throughout the initial and any extended term of this Lease shall have commenced the following services to the Premises in the manner hereinafter more particularly set forth: (i) heat, ventilation Agreement or any holdover period which Landlord does not provide above and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at indemnify the Landlord and hold Landlord harmless against any time during the term of this Lease elect to provide its own cleaning service with respect to the Premises, in which event Tenant shall be entitled to a reduction in Fixed Rent liability or damages (the "CLEANING COST REDUCTION"including Landlord's reasonable attorneys' fees and expenses) from and after the effective date of on such election by Tenant equal to (x) the number of rentable square feet contained in the Premises, multiplied 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, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, at no cost to Tenant, connections to the Building's life safety systems, 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 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 Premisesaccount.
Appears in 1 contract
Samples: Sublease (Pozen Inc /Nc)
LANDLORD'S SERVICES. Landlord will provide, after the term of this Lease shall have commenced the following services to the Premises in the manner hereinafter more particularly set forth: (i) heat, ventilation and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect to the Premises, in 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, multiplied 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, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings3.1. Landlord shall also provide, at no cost to furnish Tenant, connections subject to the Buildingterms and obligations of this Lease, and Tenant's life safety systemsperformance of its obligations hereunder, the following services: [ILLEGIBLE] --------------- LN [ILLEGIBLE] --------------- TN
A. Maintenance of the ventilation and air-conditioning system serving the COMMON AREAS of Premises. Tenant is responsible for the cost and expenses of ventilation air-conditioning system and other electric usage in Leased Premises.
B. Running water at those COMMON AREAS points of supply, if any, provided for lavatory and drinking purposes only.
C. Janitorial service in and about the building and the Leased Premises five (5) days per week.
D. Elevators for ingress and egress from the Leased Premises and authorized entry to the building twenty-four (24) hours a day, seven (7) days a week.
E. Electricity for all COMMON AREAS and to the leased premises.
F. Replacement of fluorescent lamps in building, standard light fixtures installed by Landlord and incandescent bulb replacement in all COMMON AREAS.
3.2. Failure by Landlord to any extent to furnish such services or any cessation thereof shall not render Landlord liable in any respect for damages of any nature. Should any such services be interrupted, Landlord shall use reasonable diligence to restore same promptly, but Tenant shall have no claim for rebate of rent or damages, or constructive eviction, or breach of lease, on account thereof.*
3.3. Tenant shall pay Landlord for any electric services utilized by Tenant. Tenant understands that all utilities supplied to the actual cost (without profit or markup) Leased Premises are billed to physically make such connections shall be at the Landlord and Tenant's Cost. Any dispute between estimated share thereof has been included in the parties as to CAM estimate on the amount of the 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 PremisesFace Sheet.
Appears in 1 contract
LANDLORD'S SERVICES. 7.1. Landlord will providecovenants and agrees that it will:
(a) keep the foundation, after the term exterior walls and roof of the Demised Premises in good repair;
(b) Repair and replace (except as provided differently in this Lease Lease), and maintain the landscaping, parking areas and other common facilities on the Land in good condition, subject to Tenant not being in default under the Lease.
7.2. 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 commenced no claim for an abatement of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom.
7.3. Landlord shall not be required to make any repairs occasioned by the following services wrongful act or 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. The cost of such repairs and maintenance shall be included in the Operating Expenses, unless caused by the negligence or willful misconduct of Landlord.
7.4. Tenant shall keep the Demised Premises in the manner hereinafter more particularly set forth: (i) heatgood clean condition and shall, ventilation at its sole cost and air conditioning; (ii) elevator service; (iii) domestic hot expense, make all needed repairs and cold water; replacements including replacement of cracked or broken glass, except for repairs and (iv) cleaning (unless Tenant shall at any time during the term of this Lease elect replacements expressly required to provide its own cleaning service with respect to the Premises, in 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, multiplied by (y) the cost which would have been incurred made by Landlord on a per rentable square foot basis to provide cleaning services to the Premises in accordance with under 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 servicesARTICLE VII, or if no such contract is in effectSECTION 7.1, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provideARTICLE XI, at no cost to Tenant, connections to the Building's life safety systems, 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 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.SECTION 11.1
Appears in 1 contract
LANDLORD'S SERVICES. (a) Landlord will provide, after the term of this Lease shall have commenced the following services to the Premises in the manner hereinafter more particularly set forth: (i) heat, ventilation and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at any time during its sole expense arrange to have the term of this Lease elect necessary mains and conduits to provide its own cleaning bring water, sewer service with respect and electricity to the Premises, in which event . Tenant shall be entitled pay for all utilities used at the Premises for any purpose. Tenant agrees to a reduction pro rate utilities with the adjacent tenant(s) when applicable, based on each Tenant’s pro rata share of the space occupied and using Tenant’s power meter.
(b) Landlord may, if it so elects, furnish one or more utilities to Tenant and in Fixed Rent (such event, Tenant shall purchase the "CLEANING COST REDUCTION") from and after the effective date use of such election service as it is tendered and shall pay on demand as Additional Rent the amount established therefor by Tenant equal to (x) Landlord, which amount shall not exceed the number of rentable square feet contained in the Premises, multiplied by (y) the cost amount which would have been incurred charged for the same service if furnished by the appropriate local utility company. Landlord on a per rentable square foot basis may at any time discontinue the furnishing of such utility service without obligation to provide cleaning services Tenant other than to make available tot he Premises the public utility furnishing such service. Tenant shall pay the cost of connecting any such utility service 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, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable BuildingsPremises. Landlord shall also providenot be liable for any interruption whatsoever in utility service, whether or not furnished by Landlord, which is due to fire, accidents, strikes, acts of God or other casualties, conditions or causes beyond Landlord’s reasonable control or in order to make alterations, improvements or repairs in cases where such interruption cannot otherwise be reasonably avoided by Landlord. Landlord reserves and shall at no cost all times have the right to cut off and discontinue on ten (10) days’ written notice to Tenant all utility services in the event Tenant has failed to pay any amounts and fails to cure such default within said notice period.
(c) In the event Landlord elects to furnish the utilities as set for in Section “b” hereof and after the Landlord has been billed for such utilities, Landlord will, in turn, xxxx Tenant for its pro rata share thereof unless Landlord has installed or caused to be installed separate meters. As used in this Section, the word “pro rata” shall mean the percentage of space Tenant occupies in the area of the complex served by the applicable meter. Tenant, connections ’s obligation to the Building's life safety systems, but the actual cost (without profit or markup) to physically make such connections pay for utilities under this Section “c” shall be at Tenant's Cost. Any dispute between the parties treated as to the amount of the Cleaning Cost Reduction, if applicable, may be submitted by either party to arbitration so much Additional Rent as defined in accordance with the provisions of Article 35 Section 7 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 .
(id) 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 cost maintain the HVAC system in this Section 15.01(a)good order and repair. If HVAC systems are not maintained in good order and repair, Tenant shall not perform be responsible for all cost of repair to the units. Tenant shall contract with a qualified HVAC service company for a quarterly service contract at Tenant’s expense. Tenant shall be responsible for any cleaning outside costs for repairs up to Seven Hundred Fifty Dollars ($750.00) per instance. Landlord shall be responsible for any costs for repairs above Seven Hundred Fifty Dollars ($750.00) per instance subject to Tenant meeting the Premises and the Cleaning Cost Reduction shall not include any amount attributable to cleaning outside of the Premisesservice contract obligation above.
Appears in 1 contract
Samples: Lease Agreement (BioHorizons, Inc.)
LANDLORD'S SERVICES. Landlord will provideshall pay Landlord’s Taxes, after obtain and maintain Insurance and maintain, repair and replace the term structural elements of the foundation, floor/ceiling slabs, columns, beams, elevator shafts, stairwells and the exterior fence bordering the adjoining cemetery (to the extent Landlord is otherwise obligated to care for such fence) (collectively, “Building Structure”), and in addition Landlord shall as needed replace (but not maintain and repair, such obligation be an obligation of Tenant) the roof, exterior curtain wall including windows and mullions, and stairs and stairwells, keeping the same in the condition Tenant is required to keep the remainder of the Premises so long as any damage thereto was not do to the act, neglect or violation of any covenant of this Lease by Tenant or its Transferees or any of their agents, employees or independent contractors (and in any such case, Tenant and not Landlord shall have commenced be responsible for repairing and replacing such damaged items). If Landlord shall be in default in its express obligations set forth in this Lease (subject to any applicable notice and cure periods) and such default materially disrupts the following services to conduct of Tenant’s business in the Premises for the uses permitted under this Lease, Tenant may thereafter give notice to Landlord that Tenant intends to exercise a Tenant’s Cure as described below (“Tenant’s Cure Notice”). If such default and disruption continues for a period of thirty (30) days after Landlord’s receipt of Tenant’s Cure Notice (or, if such default cannot reasonably be cured within such thirty (30) day period, such longer period as is reasonably required under the circumstances so long as Landlord has in good faith commenced such cure within such thirty (30) day period and thereafter prosecutes the manner hereinafter more particularly set forth: same with reasonable diligence to completion), then Tenant may (ibut shall not be obligated) heatthereafter to perform such of the defaulted obligations of Landlord as shall eliminate such disruption (“Tenant’s Cure”), ventilation provided, however, that notwithstanding the foregoing (a) no default by Landlord under the provisions of Sections 6.3 and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; 6.4 shall ever give rise to Tenant’s rights to effect a Tenant’s Cure and (ivb) cleaning (unless if any Mortgagee gives Tenant notice before Tenant is entitled to commence Tenant’s Cure that it will cause a Tenant’s Cure, then Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect to the Premises, in which event Tenant shall not be entitled to effect a reduction in Fixed Rent Tenant’s Cure so long as such Mortgagee commences within thirty (30) days and diligently prosecutes the "CLEANING COST REDUCTION") from and after the effective date of such election by same with reasonable promptness. In performing any Tenant’s Cure Tenant equal shall do only that work reasonably necessary to (x) the number of rentable square feet contained in the Premises, multiplied 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 cure those portions of Landlord’s default that are disrupting the Building to which Landlord (or conduct of Tenant’s business, and shall perform all such work in a Landlord Affiliate) is providing cleaning services, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildingsgood and workmanlike manner with a responsible contractor. Landlord shall also provide, at no cost to Tenant, connections to the Building's life safety systems, 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 reimburse all of the Cleaning Cost ReductionTenant’s reasonable costs, if applicable, may be submitted including but not limited to out of pocket costs paid to third parties for performing such Tenant’s Cure and an internal project management fee equal to a third party project manager’s fee within thirty (30) days after written demand to Landlord therefor accompanied 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 Premisesreasonable back-up documentation.
Appears in 1 contract
LANDLORD'S SERVICES. (a) During the Term, the Landlord will provideshall provide to the Leased Premises upon the terms and subject to the conditions set out in Section 5.2(b) hereof, after Utilities in such quantities as the term Landlord, in its sole discretion, determines to be reasonable. If the Tenant's equipment requires Utilities in excess of this Lease shall have commenced 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 quantities are available, subject to the following services to the Premises in the manner hereinafter more particularly set forth: conditions:
(i) heatthe Landlord will have the right to refuse to supply such excess utilities if the supplying of additional facilities or excess utilities shall in any way affect the operation, ventilation and air conditioningthe 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
(ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless the actual cost of supplying such additional facilities or excess utilities shall be paid by the Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect to the PremisesLandlord 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 administrative costs.
(b) The provision by the Landlord of the services and utilities referred to in which event Tenant Section 5.2(a) 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, multiplied by (y) the cost which would have been incurred by Landlord on a per rentable square foot basis to provide cleaning services subject to the following terms and conditions:
(i) any use of the Leased Premises not 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 design standards of the Building or 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 the Landlord's equipment, shall be made by the Landlord, at the Tenant's expense, and only 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 which the Landlord's Work as set out in Schedule "C") necessitates the rebalancing of the portion of the climate control equipment serving 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 and administrative costs, and shall be payable by the Tenant within five (5) days after written demand as Additional Rent; and
(ii) the Landlord will not be responsible for any inadequacy of performance of the climate control system serving the Leased Premises. If the use of the Leased Premises does not accord with the building requirements and changes in the climate control system are desirable or a Landlord Affiliate) is providing cleaning services, or if no necessary to accommodate such contract is in effectuse, the prevailing Landlord may make such changes and the entire cost to provide such cleaning services thereof shall be paid by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, at no cost to Tenant, connections the Tenant to the Building's life safety systemsLandlord as Additional Rent as set out in subparagraph (ii) hereof. If, but in the actual cost (without profit or markup) to physically make opinion of the Landlord, such connections shall be at Tenant's Cost. Any dispute between changes result in Operating Costs in excess of those which would have occurred had such changes not been made, the parties as to Landlord may estimate the amount of such excess on a reasonable basis and such amount shall be payable by the Cleaning Cost Reduction, if applicable, may be submitted by either party to arbitration Tenant as Additional Rent in accordance with the provisions of Article 35 hereof. Notwithstanding the provisions terms 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 PremisesLease.
Appears in 1 contract
Samples: Industrial Lease (Iron Age Corp)
LANDLORD'S SERVICES. Landlord will provide, after the term of this Lease shall have commenced the following services (1) Subject to the Premises in the manner hereinafter more particularly set forth: (i) heat, ventilation and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect to the Premises, in 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, multiplied 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, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, at no cost to Tenant, connections to the Building's life safety systems, 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 Cleaning Cost Reduction, if applicable, may be submitted by either party to arbitration in accordance with the provisions of Article 35 hereofEight (Damage or Destruction) and Article Nine (Condemnation) and except for damage caused by any act or omission of Tenant, Landlord shall keep the roof, foundation, structural components and the structural portions of exterior walls of the Demised Premises in good order, condition and /s/ JHH /s/ OA ---------------- ----------------- Tenant Initials Landlord Initials repair. Notwithstanding Landlord shall not be obligated to maintain or repair windows, doors, overhead doors, plate glass or the provisions surfaces of walls. In addition, Landlord shall not be obligated to make any repairs under this Section 15.01(a) until a reasonable time after receipt of written notice from Tenant of the need for repairs. If any repairs are required to be made by Landlord, Tenant shall, at Xxxxxxx'x sole cost and expense, promptly remove Tenant's furnishings, fixtures, inventory, equipment and other property, to the contrary, if Tenant elects extent required to provide its own cleaning service with respect enable Landlord to make repairs. Landlord's liability under this Section shall be limited to the Premises, cost of those repairs or corrections. Tenant agrees that (i) waives the benefit of any present or future law which might give Tenant the right to repair the Demised Premises at Landlord's expense or to terminate the Lease because of the condition. Tenant shall not exercise be entitled to terminate the Lease or xxxxx the payments due under the Lease due to loss or interruption in Tenant's business, and Tenant waives the benefit of any present or future law which might give Tenant such rights in the event of a manner which would create loss or interruption in Tenant's business.
(2) All repair, maintenance, management and other services to be performed by Landlord or Landlord's agents involve the exercise of professional judgment by service providers, and Tenant expressly waives any work stoppage at claims for breach of warranty arising from the Building performance of those services.
(3) All costs under this section 7.03 A (1) and (ii2) notwithstanding the provisions of Exhibit J, if Tenant elects shall be an operating expense pursuant 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.Addendum A.
Appears in 1 contract
Samples: Commercial Lease Agreement (Precis Smart Card Systems Inc)