Common use of LANDLORD'S SERVICES Clause in Contracts

LANDLORD'S SERVICES. Landlord shall furnish: (a) Cooled or heated air in season to provide a temperature condition required, in Landlord's reasonable judgment, for comfortable occupancy of the Premises under normal business operations and in the absence of the use of equipment which affects the temperature or humidity which would otherwise be maintained in the Premises, daily from 7:00 A.M. to 6:00 P.M. (Saturdays 8:00 A.M. to 1:00 P.M.), Sundays and Holidays (as defined below) excepted. If Tenant shall request, at least one (1) business day in advance, Landlord shall provide after hours cooled or heated air for the Premises; provided, that the Tenant shall pay Landlord's charges for such service currently in the amount of Landlord's cost (including reasonable overhead) per hour with a two (2) hour minimum charge (which hourly or minimum charges are subject to change from time to time without notice) within ten (10) days after receipt of Landlord's invoices therefor. Further, if the use of heat generating equipment in the Premises different from that already maintained in the Premises already occupied by Tenant as of the date hereof, affects the temperatures otherwise maintained by the air conditioning system for normal business operations, and thereby requires, in the sole judgment of Landlord, the modification of the air conditioning or ventilation systems (including installation of supplementary air conditioning units in the Premises) Landlord may elect to perform such modification, and the cost thereof shall be paid by Tenant to Landlord at the time of completion of such modification, or Landlord may elect to require Tenant to perform such modification, at Tenant's sole cost and expense. Any increased

LANDLORD'S SERVICES. 13.1. Landlord agrees to provide during the Term the services listed in Section 13.2. Services provided during Business Hours are included in Operating Expenses pursuant to Article 5 except as otherwise expressly provided in this Article 13. Services utilized by Tenant during other than Business Hours shall not be part of Operating Expenses, but shall be billed to Tenant by Landlord on the basis of Tenant’s usage of such services, as requested by Tenant from time to time, as the charge for such services is reasonably determined by Landlord from time. Landlord shall furnishmake all of the services available to Tenant during other than Business Hours provided that Tenant gives Landlord sufficient notice of Tenant’s requirement for the additional service (in the case of heating and air-conditioning, the notice required by Section 13.2). 13.2. Services shall consist of the following: (ai) Cooled or heated air in season to provide a temperature condition required, in Landlord's reasonable judgment, Hot and cold water at points of supply provided for comfortable occupancy general use of the Premises under normal business operations tenants in the Building; central heat and air conditioning in season, at such temperatures and in the absence of the use of equipment which affects the temperature such amounts as are reasonably considered by Landlord to be standard or humidity which would otherwise be maintained in the Premises, daily from 7:00 A.M. to 6:00 P.M. (Saturdays 8:00 A.M. to 1:00 P.M.), Sundays and Holidays (as defined below) excepted. If Tenant shall request, at least one (1) business day in advance, Landlord shall provide after hours cooled or heated air for the Premisesrequired by governmental authority; provided, however, that the Tenant shall pay Landlord's charges for such heating and air conditioning service currently in the amount of Landlord's cost (including reasonable overhead) per hour with a two (2) hour minimum charge (which hourly or minimum charges are subject to change from time to time without notice) within ten (10) days after receipt of Landlord's invoices therefor. Further, if the use of heat generating equipment in the Premises different from that already maintained in and to the Premises already occupied by interior Common Areas at times other than for Business Hours shall be furnished only upon the written request of Tenant as delivered to Landlord prior to 3:00 p.m. of the date hereof, affects for which such use is requested a if the temperatures otherwise maintained by the air conditioning system request is for normal business operationsevening hours, and thereby requiresotherwise 3:00 p.m. the date preceding the date for which such use is requested. For the first year of the Term, heating and cooling additional services shall be billed at the rate of $75.00 for each hour of use or part thereof per Building floor or part thereof (thereafter, Landlord may increase the charge therefor based on any increases in the sole judgment cost of Landlordproviding such services); provided, however, if other tenants of Landlord on the modification of same floor request additional heating or cooling service at the air conditioning or ventilation systems (including installation of supplementary air conditioning units in the Premises) Landlord may elect to perform such modificationsame time that Tenant requests additional heating and cooling service, and the cost thereof shall be paid shared by Tenant and such other tenants in proportion to the rentable area of the floor leased by Tenant and such other tenants. (ii) Repair and maintenance and electric lighting service for all Common Areas including repair and maintenance of the elevators, repair, maintenance, cleaning and snow removal in the parking areas and exterior sidewalks, and care, maintenance and replacement of landscaped areas of the Property. (iii) Janitor service, as described in Exhibit “D”; provided, however, if Tenant’s floor or wall coverings or other improvements (including, without limitation, kitchen and dining facilities, if any) require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (iv) All fluorescent and incandescent bulb replacement in the Premises necessary to maintain the lighting provided as part of the Tenant’s Improvements and fluorescent and incandescent bulb replacement in the Common Areas. Replacement of fluorescent and incandescent bulbs in the Premises shall be provided by Landlord at Tenant’s expense and not included in Operating Expenses. Replacement of bulbs in spaces leased to other tenants of Landlord shall be billed to said tenants on an individual basis and not included in Operating Expenses. Replacement of bulbs in the time Common Areas shall be included in Operating Expenses. In the event Tenant desires additional cleaning services within the Premises beyond the services provided by Landlord as provided in Exhibit D, Landlord shall have the right to provide such services at Landlord’s standard charges for such additional services; provided that if Landlord elects not to perform the requested additional services, Tenant shall have the right, subject to Landlord’s prior approval (which shall not be unreasonably withheld, conditioned or delayed), to retain its own vendor at its sole cost and without any credit against rent to perform the supplemental cleaning service for the Premises; provided that any such vendor must be labor union members in good standing whose affiliation is not inconsistent with the union affiliation of completion of Landlord’s cleaning service vendor or any other contractors and subcontractors at the Building or Somerset Corporate Center. All such modificationservices shall be scheduled and performed so as not to conflict, interfere with, or delay any work undertaken by Landlord’s cleaning service. In the event that Tenant’s cleaning service vendor fails to work in harmony with, or interferes with, labor employed by Landlord, its agents, contractors, subcontractors or employees or in the event any work stoppage, jurisdictional labor dispute or other interference with Landlord, its agents, contractors, subcontractors or employees occurs Landlord may elect shall have the right to require Tenant to perform remove or cause the removal of Tenant’s cleaning service vendor from the Premises and Tenant agrees to comply with such modificationdemand immediately. 13.3. The failure of Landlord to any extent to furnish, at or the interruption or termination of, the services provided for in this Article in whole or in part resulting from the events described in the definition of Excusable Delay shall not render Landlord liable in any respect, nor be construed as an eviction of Tenant's sole cost and expense, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Any increasedShould any of the equipment or machinery used in the provision of such services cease to function properly for any cause. Tenant shall have no claim for offset or abatement of rent or damages on account of reasonable interruption in service occasioned thereby or resulting therefrom. Landlord shall proceed with due diligence to restore any interruption in services. Landlord shall have the right temporarily to interrupt services in order to make any necessary repairs or replacements to, or to otherwise service, the Building’s systems.