LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the ------------------- Premises with (i) electricity subject to Item 10 of this Lease; (ii) heat and air-conditioning during reasonable and usual business hours (exclusive of Saturdays, Sundays and holidays) reasonably required for the occupation of the Premises, such heat and air-conditioning 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 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 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 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 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, 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 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 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.
Appears in 1 contract
Samples: Lease (Virtual Mortgage Network Inc)
LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the ------------------- Premises Office Space with (i) electricity subject to Item 10 for routine lighting and the operation of this Lease; general office machines such as typewriters, dictating equipment, desk model adding machines and the like, which use 110 volt electric power, (ii) heat and air-air conditioning during reasonable and usual business hours (exclusive of SaturdaysSaturday afternoon, Sundays and holidays) reasonably required for the occupation of the PremisesOffice Space, such heat and air-air conditioning to be provided by utilizing the existing Building systems in the Building, 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, repaired or due to any governmental laws, regulations or restrictions pertaining to the furnishing or use of such heat and air-air conditioning; , (iii) elevator service; service (iv) lighting replacement for Building Standard standard lights; , (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; Spartanburg, South Carolina, (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 and is responsible for same and for any 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, etcsewage. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent Rental herein set forth be reduced or abated by reason of, of (1) installation, use, or interruption of use of use, or 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 or by the making of necessary repairs or improvements to the Premises Office Space or to the Building or because of any governmental laws, regulations or restrictionsBuilding. 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.
Appears in 1 contract
LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the ------------------- Premises with (i) electricity subject to Item 10 of this Lease; (ii) heat and air-conditioning during reasonable and usual business hours (exclusive of Saturdays, Sundays and holidays) reasonably required for the occupation of the Premises, such heat and air-conditioning to be provided by utilizing the existing Building systems 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 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 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 special services and maintenance (over Building Standard Standard) are required), then Tenant solely shall be and is responsible for same and for any 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, 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 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 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.non-
Appears in 1 contract
Samples: Lease Agreement (Telecommunication Systems Inc /Fa/)
LANDLORD'S SERVICES. Landlord shallLandlord, at its expenseduring the Lease Term, furnish shall provide the ------------------- Premises with following services, the cost of which shall be included in the Operating Expenses (except to the extent specifically excluded herein or under Section 3.3(i)(c):
(i) electricity subject the repair, maintenance and replacement (when necessary or appropriate) of the structural and mechanical components of the Premises and Building, including the roof structure and membrane, the foundation, the exterior walls and all other structural elements of the Building, all mechanical, electrical, plumbing and life-safety systems and all exterior glass (but specifically excluding all interior glass); provided, however, that notwithstanding anything to Item 10 the contrary contained herein, the cost of this Lease; replacing (as opposed to maintaining and repairing) the structural components of the Premises and Building shall not be included in Operating Expenses or otherwise charged to Tenant;
(ii) heat and air-conditioning during reasonable and usual business hours (exclusive of Saturdays, Sundays and holidays) reasonably required for the occupation maintenance of the Premiseslandscaping on the Site;
(iii) the maintenance, repair and replacement (when necessary or appropriate) of the parking areas located on the Site; provided, however, that notwithstanding anything to the contrary contained herein, the cost of replacing (as opposed to maintaining and repairing) such heat and air-conditioning to be provided by utilizing the existing Building systems it being expressly understood and agreed by the parties that Landlord specifically parking areas shall not be liable for any losses included in Operating Expenses or damages of any nature whatsoever incurred by Tenant due otherwise charged 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; Tenant;
(iv) lighting replacement for Building Standard lights; the removal of snow and ice from the parking areas, driveways and walkways located on the Site;
(v) toilet room supplies; the insurance which Landlord is required to maintain on the site pursuant to Article 6 below;
(vi) daily janitor service during the time and in management of the manner that such janitor service is customarily furnished in first class office buildings in the metropolitan area where the Building is locatedSite; and
(vii) water; exterior lighting and repair and replacement thereof;
(viii) sewerage. The foregoing janitorial services are designated "Building Standard." Tenant agrees that Landlord is only responsible for Building Standard maintenance Monday through Friday, excluding holidays;
(ix) the replacement of all light bulbs 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 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 ballasts in the Premises, replacing non-Building Standard lighting fixtures as necessary; provided, however, that the cost thereof shall not be included in Operating Expenses but shall be charged to Tenant directly; and
(x) subject to Section 5.1, HVAC, electricity and bulbs in water to the Premises, servicing, operating Premises and maintaining any separate and non-Building Standard HVAC systems and facilities serving the Premises, etcBuilding. Landlord shall not never be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent herein set forth be reduced or abated caused 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) its failure to furnishmake any repairs required hereunder, or delay in furnishingprovided that Landlord has used reasonable efforts to attempt to have such repair made, any after having been notified by Tenant that such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord or repair must be made promptly and that Tenant will be damaged 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 make 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 Leaserepairs promptly.
Appears in 1 contract
Samples: Lease Agreement (Danger Inc)
LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the ------------------- Premises with (i) electricity subject to Item 10 for routine lighting and the operation of this Lease; general office machines such a typewriters, dictating equipment, desk model adding machines, and the like which use 110 volt electric power, (ii) heat and air-air conditioning during reasonable and usual business hours (exclusive of Saturdays, Saturday afternoons and Sundays and holidays) reasonably required for the occupation of the Premises, such heat and air-air conditioning to be provided by utilizing the existing Building systems in the Building, 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 furnishing or use of such heat and air-air conditioning; , (iii) elevator service; , (iv) lighting replacement for Building Standard standard lights; , (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; Tampa, Florida, (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 and is responsible for same and for any 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, etcsewage. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent Rental herein set forth be reduced or abated by reason of, (1) of installation, use, or interruption of use 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 or by the making of necessary repairs or improvements to the Premises or to the Building or because of any governmental laws, regulations or restrictionsBuilding. The temporary failure to furnish any and such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of or observing and performing any and all of the provisions of this Lease. However, if Tenant is denied beneficial use of its office space for three (3) consecutive business days due to the failure of Landlord to provide above referenced services, rent shall be abated until beneficial use is restored.
Appears in 1 contract
Samples: Lease Agreement (Florida Banks Inc)
LANDLORD'S SERVICES. 9.1 Landlord shall, at its expense, covenants and agrees that it shall furnish the ------------------- Premises with without additional charge: (i) electricity subject to Item 10 of this Lease; (iia) heat and air-conditioning during reasonable to maintain the Premises at a reasonably comfortable temperature between the hours of 8:00 A.M. and usual business hours (exclusive 6:00 P.M. Monday through Friday of Saturdayseach week and 8:00 A.M. and 1:00 P.M. on Saturday of each week, Sundays and holidays) reasonably required for the occupation of the Premises, such heat and air-conditioning to be provided by utilizing the existing Building systems it being expressly understood and agreed except holidays recognized by the parties that Landlord specifically shall not be liable U. S. Government; (b) electricity for any losses or damages lighting purposes and operation of any nature whatsoever incurred by Tenant due to any failure of the ordinary office equipment to function properlyexcluding, or while it is being repairedcomputers, or due to any governmental lawssupplemental HV AC, regulations or restrictions pertaining to the furnishing or and other equipment requiring heavier than normal office use of such heat and air-conditioningelectricity, as provided for in paragraph 9.2; (iiic) elevator service; (iv) lighting replacement for Building Standard lights; (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 (viiid) seweragejanitor and cleaning services, as set forth in Exhibit “D” attached hereto, Monday through Friday of each week, except holidays recognized by the U. S. Government. The foregoing services are designated "Building Standard." Overtime HV AC may be available by prior arrangement with Landlord, and Tenant shall be billed at Landlord’s standard overtime rate as established from time to time for such usage. Tenant hereby acknowledges and 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 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, etc. Landlord shall not be liable in any way for any damages directly damage or indirectly inconvenience caused by the cessation or consequentially resulting frominterruption of such heating, nor air-conditioning, electricity, elevator, janitor or cleaning 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 herein set forth be reduced or abated by reason ofthereof.
9.2 Tenant shall pay all utility costs occasioned by electro-data processing machines, (1) installationtelephone equipment, computers and other equipment of high electrical consumption, including without limitation the cost of installing, servicing and maintaining any special or additional inside or outside wiring or lines, meters or sub-meters, transformers, poles, air-conditioning costs, or the cost of any other equipment necessary to increase or determine the amount or type of electricity or power available to the Premises.
9.3 Landlord reserves the right to erect, use, connect to, maintain and repair pipes, ducts, conduits, cables, plumbing, vents and wires in, to and through the Premises as and to the extent that Landlord deems necessary or interruption of use of any equipment in connection with appropriate for the furnishing of any proper operation and maintenance of the foregoing servicesProject (including the servicing of other tenants in the Project) and the right at all times to transmit water, or (2) failure to furnishheat, or delay in furnishingair-conditioning and electric current through such pipes, any such services when such failure or delay is caused by accident or 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 lawsducts, 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 conduits, cables, .plumbing, vents and performing any and all of the provisions of this Leasewires.
Appears in 1 contract
LANDLORD'S SERVICES. (a) The Landlord shallshall provide climate control to the Leased Premises during Business Hours to maintain a temperature adequate for occupancy, at its expenseexcept during the making of repairs, furnish alterations or improvements, and provided the ------------------- Premises with (i) electricity subject Landlord shall have no responsibility or liability for failure to Item 10 of this Lease; (ii) heat and air-conditioning during reasonable and usual business hours (exclusive of Saturdays, Sundays and holidays) reasonably required for the occupation supply climate control service when stopped as aforesaid or when prevented from so doing by strikes or other Unavoidable Delay. Any rebalancing of the Premisesclimate system in the Leased Premises necessitated by the installation of partitions, equipment or fixtures by the Tenant or by any use of the Leased Premises not in accordance with the design standards of such system will be performed by the Landlord as an Additional Service to the Tenant.
(b) Subject to the Rules and Regulations, the Landlord shall furnish, except when repairs, maintenance or replacements are being made, elevator and escalator service during Business Hours in common with others, provided that the Tenant and its employees and all other Persons using the same shall do so at their own risk. The Landlord shall operate at least one (1) elevator serving the Leased Premises at all times in addition to Business Hours (except during Unavoidable Delay), such heat and air-conditioning operation to be provided by utilizing carried out, however, in a manner consistent with the existing Building systems it being expressly understood and agreed by the parties that Landlord's security arrangements then in place.
(c) The 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 will provide janitorial services to the furnishing or use Leased Premises consistent with the standards of such heat and aira first-conditioning; (iii) elevator service; (iv) lighting replacement for Building Standard lights; (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) seweragebuilding. 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 and is responsible for same and for any 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, etc. Landlord shall not be liable responsible for any indirect or consequential damages directly sustained by the Tenant 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 others as a result of the foregoing services, or (2) failure to furnish, or delay in furnishing, any provide such services when such failure or delay is caused by accident or any condition beyond act or omission or commission on the reasonable control part of Landlord or the persons employed to perform such work. Such work shall be done at the Landlord's direction without interference by the making Tenant and its servants or employees.
(d) The Landlord shall make available electricity for normal lighting and miscellaneous power requirements and in normal quantities water and other public utilities generally made available to other tenants of necessary repairs or improvements to the Premises or to the Building or because of any governmental laws, regulations or restrictionsby the Landlord. The temporary failure to furnish any such services Landlord shall not be construed responsible for any indirect or consequential damages sustained by the Tenant or others as a result of the failure to provide such services or any act of omission or commission on the part of the persons employed to provide such service.
(e) Provided that adequate Notice is given to the Landlord, access to the Leased Premises during hours other than Business Hours will be given, subject to the Landlord's reasonable security requirements for the Complex and payment by the Tenant, during hours other than Business Hours, for all heating, cooling and ventilating costs, as an eviction Additional Service Cost.
(f) The Landlord may carry out periodic replacement of building standard tubes, bulbs and ballasts within the Leased Premises as an Additional Service Cost and shall, upon Notice, carry out any replacement requested by the Tenant or relieve Tenant from as an Additional Service Cost to the duty of observing and performing any and all of the provisions of this LeaseTenant.
Appears in 1 contract
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 shall, as a Cost of Operation, keep clean, and in good order and repair, the public areas and the public facilities of the Building.
11.03 Landlord, as a Cost of Operation, shall provide public elevator services to the floor(s) on which the Demised Premises are situated during Standard Business Hours, and shall have a least one (1) elevator subject to call at all other times. The elevator(s), or any or all of them, if more than one, may be operated by automatic control, and/or by manual control, as Landlord shall determine at any time or from time to time. Landlord shall not be obligated to furnish an operate for any automatic elevator and shall have no liability to Tenant for discontinuing the service of any operator theretofore furnished. If Tenant shall require Saturday or after hours service of elevator(s) or of the loading area in the Building under such circumstances as, in Landlord's reasonable judgment, will require service or attention by Landlord's personnel, Tenant shall pay Landlord, on demand, a reasonable charge attributable to such service or attention.
11.04 Provided that Tenant shall keep the Demised Premises in good order, Landlord, as a Cost of Operation, shall cause the Demised Premises, including the exterior and the interior of the windows thereof (subject to Tenant maintaining unrestricted access to such windows), to be cleaned in accordance with the standards set forth in Exhibit "C" annexed hereto and hereby made a part hereof. Tenant will not clean, nor require, permit, suffer or allow any window in the premises to be cleaned from the outside. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (a) cleaning work in the Demised Premises or the Building 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 expenserequest, furnish (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 with and the Building of (i1) electricity subject so much of any refuse and rubbish of Tenant as shall exceed that normally accumulated daily in the routine or ordinary business office occupancy and (2) all of the refuse and rubbish of Tenant's machines and the refuse and rubbish of any other eating facilities requiring special handling (known as "wet garbage"). Landlord and its cleaning contractor and their employees shall have after hours access to Item 10 the Demised Premises and the use of this Lease; (ii) heat Tenant's light, power and air-conditioning during reasonable and usual business hours (exclusive of Saturdays, Sundays and holidays) water in the Demised Premises as may be reasonably required for the occupation purpose of cleaning the Demised Premises. Extraordinary waste (such as crates, cartons, boxes, etc., and used furniture or equipment) shall be removed from the Building by Tenant at Tenant's own cost and expense. At no time shall Tenant place any waste of any kind in any public areas. If Tenant does so, the parties agree that everything so placed shall be deemed abandoned and of no value to Tenant and Landlord may have the same removed and disposed of at Tenant's expense.Such 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 Term there will be a paved, illuminated parking area for the Building with the number of Common Parking Spaces specified in Article 1. Tenant shall require its personnel and visitors to park their vehicles only in Common Parking Spaces designated by Landlord for Tenant's use for its personnel and visitors on a "first come, first served" basis. Landlord reserves the right at all times to redesignate such Common Parking Spaces. Tenant, its personnel and visitors shall not at any time park any trucks or delivery vehicles in any of the Premises, such heat and air-conditioning to parking areas. Common Parking Spaces shall be provided by utilizing the existing Building systems it being expressly understood and agreed by the parties that Landlord specifically at no additional cost to Tenant.
B. There shall not be liable overnight parking except in that portion, if any, 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 losses overnight parking area at the end of the working day. If any automobile owned by Tenant or damages 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 nature whatsoever costs or liabilities incurred by Tenant due Landlord in removing said automobile to effectuate cleaning or maintenance, or any failure damages resulting to said automobile or to Landlord's equipment or equipment owned by others by reason of the equipment to function properly, presence of or while it is being repaired, removal of said automobile during such cleaning 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 Building Standard lights; (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 special services and maintenance (over Building Standard are required), then Tenant solely 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 Common Parking Spaces and is responsible for same any other parking areas, roadways, and for any expenses driveways used by Tenant, its personnel and costs of any nature whatsoever associated with same. To this endvisitors will be at their own risk, 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, etc. Landlord shall not be liable for any damages directly injury to person or indirectly or consequentially resulting from, nor shall any Rent herein set forth be reduced or abated by reason of, (1) installation, useproperty, or interruption for loss or damage to any automobile or its contents, resulting from theft, collision, vandalism, or any other cause whatsoever. 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 use such personnel or device in failing 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 equipment in connection with the furnishing covenant of this Lease, to stop, interrupt, or suspend service of any of the foregoing servicesheating, ventilating, air conditioning, electric, sanitary, elevator or other Building systems serving the Demised Premises, or (2) failure to furnish, or delay in furnishing, the rendition of any such other services when such failure or delay is caused by accident or any condition beyond the reasonable control required of Landlord or under this Lease, whenever and for so long as may be necessary, by reason of accidents, emergencies, the making of necessary repairs or improvements 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. In each instance Landlord shall exercise reasonable diligence to eliminate the cause of stoppage and to effect restoration of service and shall give Tenant reasonable notice, 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 or to for such purpose, the Building or because provisions of any governmental laws, regulations or restrictionsSection 14.03 shall apply. The temporary failure to furnish any such services Tenant shall not be construed as an eviction entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any of the obligations of Tenant be affected or relieve Tenant from the duty of observing and performing any and all reduced by reason of the provisions interruption, stoppage, or suspense of any of the Building systems or services arising out of the causes set forth in this LeaseSection.
Appears in 1 contract
Samples: Lease Agreement (International Telecommunication Data Systems Inc)
LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the ------------------- Premises with (i) electricity subject to Item 10 for routine lighting and the operation of this Lease; general office machines which use 110 volt electric power, (ii) heat and air-air conditioning during reasonable and usual business hours (exclusive of Saturdays, Saturday afternoons and Sundays and holidays) reasonably required for the occupation of the Premises, such heat and air-air conditioning to be provided by utilizing the existing Building systems in the Building, 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 furnishing or use of such heat and air-air conditioning; , (iii) elevator service; , (iv) lighting replacement for Building Standard standard lights; , (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; Tampa, Florida, (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 and is responsible for same and for any 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, etcsewage. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent Rental herein set forth be reduced or abated by reason of, (1) of installation, use, or interruption of use 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 or by the making of necessary repairs or improvements to the Premises or to the Building or because of any governmental laws, regulations or restrictionsBuilding. The temporary failure to furnish any such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of or observing and performing any and all of the provisions of this Lease. However, if Tenant is denied beneficial use of its office space for ten (10) consecutive business days due to the failure of Landlord to provide above referenced services, rent shall be abated until beneficial use is restored.
Appears in 1 contract
LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the ------------------- Premises Office Space with (i) electricity subject to Item 10 for routine lighting and the operation of this Lease; general office machines such as typewriters, dictating equipment, desk model adding machines, personal computers, copy machines, and the like, which use 110 volt electric power, (ii) heat and air-air conditioning during reasonable and usual business the hours (exclusive specified in paragraph 12 of Saturdays, Sundays and holidays) Exhibit D to this Lease reasonably required for the occupation of the PremisesOffice Space, such heat and air-air conditioning to be provided by utilizing the existing Building systems in the Building, 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 furnishing or use of such heat and air-air conditioning; , (iii) elevator service; , (iv) lighting replacement for Building Standard standard lights; , (v) toilet room supplies; , (vi) daily janitor service during the time and in the manner that such janitor service is customarily furnished in first first-class office buildings in the metropolitan area where the Building is located; Richmond, Virginia, (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 and is responsible for same and for any 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, etcsewage. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent Rental herein set forth be reduced or abated by reason of, of (1) installation, use, or interruption of use 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 or by the making of necessary repairs or improvements to the Premises Office Space or to the Building or because of any governmental laws, regulations or restrictionsBuilding. The temporary failure to furnish any such services for reasons beyond Landlord's control 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.
Appears in 1 contract
Samples: Lease Amendment (Lightspan Inc)
LANDLORD'S SERVICES. Landlord shall, at its expense, furnish the ------------------- Premises with (i) electricity subject to Item 10 of this Lease; (ii) heat and air-conditioning during reasonable and usual business hours (exclusive of Saturdays, Sundays and nationally-recognized holidays) reasonably required for the occupation of the Premises, such heat and air-conditioning to be provided by utilizing the existing Building systems 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 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 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 special services and maintenance (over Building Standard 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, 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 7 11 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 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.
Appears in 1 contract
Samples: Lease Agreement (Cimetrix Inc)
LANDLORD'S SERVICES. a) Tenant shall pay Landlord shallforthwith on demand all charges as determined and allocated by Landlord acting reasonably in respect of all special services provided to or for the benefit of Tenant beyond building standard services the costs for which are included in Operating Costs, such special services including, without limitation, charges for security, hoisting, supervision, waste removal, and receiving, storing and handling materials and articles.
b) Landlord shall have the right, to be exercised by written notice to Tenant, to require that Landlord be the exclusive supplier, at its Tenant’s expense, furnish of such materials or services for Tenant in respect of the ------------------- Premises with and the Project not otherwise expressly provided for in this Lease as Landlord may designate from time to time (i“Services”) electricity including, without limitation, replacement of tubes, bulbs and ballasts; cleaning of carpeting, drapes and curtains; waste removal; any services requiring drilling or otherwise penetrating floors, walls and ceilings; and locksmithing and security arrangements. If Landlord does not require that it be the supplier of Services, only persons approved by Landlord acting reasonably may supply Services to Tenant but subject to Item 10 of this Lease; (iireasonable rules and regulations established by Landlord.
c) heat and air-conditioning during reasonable and usual business hours (exclusive of Saturdays, Sundays and holidays) reasonably required for the occupation of the Premises, such heat and air-conditioning 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 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 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 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 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, 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 caused in performance of any equipment in connection with the furnishing of any of the foregoing servicesmaintenance or cleaning provided hereunder, no matter how caused, whether by negligence 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 otherwise; 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 liable for any indirect or relieve Tenant consequential damage arising from the duty of observing and performing any and all of the provisions of this Leasedefault in or failure to perform any such maintenance or cleaning.
Appears in 1 contract