Landlord’s Standard Services. Subject to the provisions of this Lease, Landlord shall provide the following services beginning on the Commencement Date: (a) Maintain and make all necessary repairs and replacements to the Common Areas of the Building, all structural elements of the Building and the Building Systems, but excluding those portions of the Premises and the Building required to be repaired or maintained by Tenant pursuant to Section 9 of this Lease. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving the Premises and Common Areas of the Building) shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality to the materials adopted as a standard for the Building and (ii) in compliance with applicable Laws. (b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (and in each case Tenant shall be required to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight elevators for thirty (30) hours in the aggregate at such other days or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises. (c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC System) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service. (d) Furnish New York City water for ordinary lavatory and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered. (e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in the Common Areas of the Building (including the common elevator corridor and bathrooms on the floor on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder. (f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld. (g) Commensurate with the standards of other first class office buildings in midtown Manhattan, provide general Building security seven (7) days per week, twenty-four (24) hours per day. (h) If Landlord or Landlord’s affiliate shall at any time during the Term furnish any services to Tenant other than Landlord’s Building standard services to be furnished to Tenant pursuant to the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning services.
Appears in 1 contract
Samples: Office Lease (GrubHub Inc.)
Landlord’s Standard Services. Subject to During the provisions of this LeaseTerm, Landlord shall will operate and maintain the Building in compliance with all applicable Laws and according to those standards from time to time prevailing for similar office buildings in the area in which the Building is located. Landlord will provide the following services beginning on according to such standards, the Commencement Date:costs of which will be included in Expenses to the extent provided in Section 1.2(g):
(a) Maintain repair, maintenance and make all necessary repairs and replacements to the Common Areas replacement of the Building, all structural elements of the Building and all mechanical, plumbing and electrical systems installed in the Building SystemsBuilding, but excluding those portions of the Premises any mechanical, plumbing or electrical equipment that is not Building Standard, exclusively serves a tenant's premises or is installed or operated to accommodate such tenant's special requirements (such as a supplementary air conditioning unit installed to cool a tenant's computer room);
(b) heating, ventilating and the Building required to be repaired or maintained by Tenant pursuant to Section 9 of this Lease. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving air conditioning the Premises and Common Areas of the Building) shall be materially affectedduring Business Hours, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality to the materials adopted as a standard for the Building and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (temperatures and in each case Tenant shall amounts consistent with those the mechanical system serving the Premises is designed to provide and otherwise as may be reasonably required to pay for a minimum of four comfortable use and occupancy under normal business operations with "Customary Office Equipment" (4) hours of usage). Tenant shall be permitted to use as used in this Lease, "Customary Office Equipment" will include desk top personal computers and printers, small reproduction machines and similar devices and equipment; but will not include any machines, devices or equipment that adversely affect the Building’s freight elevators for thirty (30) hours temperature otherwise maintained in the aggregate at Premises such other days as, e.g., data processing or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.heavy-duty computer or reproduction equipment);
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications electricity for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC System) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and operating Customary Office Equipment during Business Hours and in amounts not exceeding the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord demand the electrical system serving the Premises is designed to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.provide;
(d) Furnish New York City water for ordinary lavatory small kitchens, washrooms and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.fountains;
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in janitorial services to the Premises and in the Common Areas of the Building Areas;
(including the common elevator corridor f) passenger elevators for access to and bathrooms on the floor from any floor(s) on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of located above the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.'s first floor;
(g) Commensurate with the standards of other first class office buildings in midtown Manhattantoilet facilities, provide general Building security seven (7) days per week, twenty-four (24) hours per day.including necessary washroom supplies sufficient for Tenant's normal use;
(h) If Landlord or Landlord’s affiliate shall at any time electric lighting for all Common Areas that require electric light during the Term furnish any services to Tenant other than Landlord’s day or are open at night, including replacement of tubes and ballasts in lighting fixtures; and
(i) replacement of tubes and ballasts in those Building standard services to be furnished to Tenant pursuant to Standard lighting fixtures installed in the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesPremises.
Appears in 1 contract
Landlord’s Standard Services. Subject to During the provisions of this LeaseTerm, Landlord shall will operate and maintain the Building and Common Areas in compliance with all applicable Laws and according to those standards from time to time prevailing for similar office buildings in the area in which the Building is located. Landlord will provide the following services beginning on according to such standards, the Commencement Datecosts of which will be included in Expenses or Net Expenses to the extent provided in Section 1.2(g) or Section 1.2(l), except for those expenses specifically identified in this Lease as expenses which will be billed directly to and paid by Tenant:
(a) Maintain repair, maintenance and make all necessary repairs and replacements to the Common Areas replacement of the Building, all structural elements of the Building (including Building windows, roof and exterior), all Common Areas (including the Building Systemsparking lot) and all mechanical, plumbing, water and sewer, natural gas and electrical systems installed in the Building, but excluding those portions of the Premises and the Building required to be repaired any mechanical, plumbing or maintained by Tenant pursuant to Section 9 of this Lease. Except as expressly provided in this Lease, there shall be no allowance to Tenant for electrical equipment that exclusively serves a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or tenant’s premises (including the Premises. Landlord shall use reasonable efforts ) or is installed or operated to minimize interference with the conduct of Tenantaccommodate such tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use ’s) special requirements (such as a supplementary air conditioning unit installed to cool a computer room);
(b) heating, ventilating and air conditioning of all Building Systems serving the Premises and Common Areas of at temperatures and in amounts consistent with those the Building) mechanical system serving the Premises is designed to provide and otherwise as may be reasonably required for comfortable use and occupancy under normal business operations with “Customary Office Equipment” (as used in this Lease, “Customary Office Equipment” will include desk top and laptop personal computers and printers, small reproduction machines, engineering laboratory equipment, and similar devices and equipment; but will not include any machines, devices or equipment that adversely affect the temperature otherwise maintained in the Premises such as, e.g., heavy-duty computer or reproduction equipment); provided that the electricity used to deliver such service to the Premises shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality tied to the materials adopted as a standard electrical sub-meter for the Building Premises and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate responsible for all charges for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (and in each case Tenant shall be required electrical energy consumed to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight elevators for thirty (30) hours in the aggregate at provide such other days or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.service;
(c) Operate electricity for lighting the central air-conditioning, heating Premises and ventilating operating Customary Office Equipment in amounts not exceeding the demand the electrical system installed by Landlord in serving the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. Premises is designed to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges provide; except that the windows are hermetically sealed cost for such service shall be paid directly by Tenant (and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet included in any separate room or area (exclusive of use for the HVAC SystemExpenses) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area as provided in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.;
(d) Furnish New York City maintenance and repair of plumbing for the Building, Common Areas and Premises, including water for ordinary lavatory small kitchens, washrooms and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.fountains;
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in janitorial services to the Common Areas of the Building Areas;
(including the common elevator corridor f) passenger elevators for access to and bathrooms on the floor from any floor(s) on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of located above the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.first floor;
(g) Commensurate with the standards of other first class office buildings in midtown ManhattanCommon Area toilet facilities, provide general Building security seven (7) days per week, twenty-four (24) hours per day.including necessary washroom supplies sufficient for normal use;
(h) If Landlord or Landlord’s affiliate shall at any time electric lighting for all Common Areas that require electric light during the Term furnish any day or are open at night, including replacement of tubes and ballasts in lighting fixtures;
(i) pest control and life safety for the Building, Common Areas and, at Tenant’s cost as a Net Expense, the Premises;
(j) landscaping services to Tenant and security services and, at Tenant’s costs as a Net Expense, water sewer, utilities other than Landlord’s electric, trash removal, for the Building standard services to be furnished to Tenant pursuant to and Common Areas; and
(k) signage for the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesBuilding.
Appears in 1 contract
Landlord’s Standard Services. Subject to During the provisions of this LeaseTerm, Landlord shall will operate and maintain the Building and the Project in compliance with all applicable Laws and according to those standards prevailing for comparable Class A office/R&D buildings in the Alameda, California market area. Landlord will provide the following services beginning on according to such standards, the Commencement Date:costs of which will be included in Costs to the extent provided in Section 1.3(f):
(a) Maintain Repair, maintenance and make all necessary repairs and replacements to replacement of the Common Areas of the BuildingAreas, all structural elements of the Building (including roof structures and membranes, exterior walls and glass, and foundations) and all general mechanical, plumbing and electrical systems installed in the Project serving the Building Systemsother than those installed by Tenant. Without limiting the foregoing, but excluding those portions of the Premises and the Building required to be repaired or maintained by Tenant pursuant to Section 9 of this Lease. Except as expressly provided in this Lease, there Landlord shall be no allowance responsible for compliance with ADA within the Project to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that such compliance is not required due specifically to Tenant’s use of the Premises;
(b) Heating, ventilating and air conditioning (“HVAC”) for the Premises and interior Common Areas during Business Hours, at temperatures (including Tenant’s in a range between 68 and 73 degrees Fahrenheit) and in amounts as may be reasonably required for comfortable use of all Building Systems serving and occupancy under normal business office operations with “Customary Office Equipment” (as used in this Lease, “Customary Office Equipment” includes typewriters, calculators, dictation recorders, desk top personal computers and printers and similar devices and equipment; but will not include any machines, devices or equipment that adversely affect the temperature otherwise maintained in the Premises or that require a voltage other than 120 volts, single phase, such as, for instance, data processing or heavy-duty computer or reproduction equipment);
(c) Water for break rooms, kitchens, washrooms and drinking fountains;
(d) Janitorial services to the Premises and Common Areas of the Building) shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality to the materials adopted five days per week as a standard for the Building and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (and in each case Tenant shall be required to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight elevators for thirty (30) hours in the aggregate at such other days or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth described on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC System) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.
(d) Furnish New York City water for ordinary lavatory and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.F;
(e) Furnish either directly or through Passenger elevators for access to and from the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in the Common Areas of the Building (including the common elevator corridor and bathrooms on the floor floors on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.;
(f) List Tenant on the Building office directory boardToilet facilities, provided that Landlord maintains an office directory board in the Building. Tenant may install including necessary washroom supplies sufficient for Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.normal use;
(g) Commensurate with Electric lighting for all Common Areas that require electric light during the standards day or are open at night, including replacement of other first class office buildings tubes and ballasts in midtown Manhattan, provide general Building security seven (7) days per week, twenty-four (24) hours per day.lighting fixtures; and
(h) If Landlord or Landlord’s affiliate shall at any time during Replacement of tubes and ballasts in those Building Standard lighting fixtures installed in the Term furnish any services to Tenant other than Landlord’s Building standard services to be furnished to Tenant pursuant to the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesPremises.
Appears in 1 contract
Samples: Lease Agreement (Singulex Inc)
Landlord’s Standard Services. Subject to During the provisions of this LeaseTerm, Landlord shall will operate and maintain the Building in compliance with all applicable Laws and according to those standards from time to time prevailing for comparable office buildings in the Central Business District of Denver, Colorado. Landlord will provide the following services beginning on according to such standards, the Commencement Date:costs of which will be included in Expenses to the extent provided in Section 1.3(g):
(a) Maintain repair, maintenance and make all necessary repairs and replacements to replacement of the Common Areas of the BuildingAreas, all structural elements of the Building and all general mechanical, plumbing and electrical systems installed in the Building SystemsBuilding, but excluding those portions of any mechanical, plumbing or electrical systems that exceed Building Standard and exclusively serve the Premises;
(b) heating, ventilating and air conditioning for the Premises and the Building interior Common Areas during Business Hours, at temperatures and in amounts as may be reasonably required to be repaired or maintained by Tenant pursuant to Section 9 of this Lease. Except for comfortable use and occupancy under normal business office operations with "Customary Office Equipment" (as expressly provided used in this Lease, there shall be no allowance to Tenant "Customary Office Equipment" includes typewriters, calculators, dictation recorders, desk top personal computers and printers and similar devices and equipment; but will not include any machines, devices or equipment that adversely affect the temperature otherwise maintained in the Premises or that require a voltage other than 120 volts, single phase, such as, e.g., data processing or heavy-duty computer or reproduction equipment);
(c) electricity for a diminution of rental value or interruption of business, lighting and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business operating Customary Office Equipment in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use Business Hours in an amount not to exceed 3.5 kilowatts per square foot of the Premises per Business Hour;
(including Tenant’s use of all Building Systems serving d) water for small kitchens, washrooms and drinking fountains;
(e) janitorial services to the Premises and Common Areas of the Building) shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality to the materials adopted as a standard for the Building and (ii) in compliance with applicable Laws.Areas;
(bf) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (and in each case Tenant shall be required to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight passenger elevators for thirty (30) hours in the aggregate at such other days or times, without charge, in connection with the Initial Improvements access to and Tenant’s move into the Premises.
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC Systemfloor(s) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.
(d) Furnish New York City water for ordinary lavatory and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in the Common Areas of the Building (including the common elevator corridor and bathrooms on the floor on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.;
(g) Commensurate with the standards of other first class office buildings in midtown Manhattantoilet facilities, provide general Building security seven (7) days per week, twenty-four (24) hours per day.including necessary washroom supplies sufficient for Tenant's normal use;
(h) If Landlord or Landlord’s affiliate shall at any time electric lighting for all Common Areas that require electric light during the Term furnish any services to Tenant other than Landlord’s day or are open at night, including replacement of tubes and ballasts in lighting fixtures; and
(i) replacement of tubes and ballasts in those Building standard services to be furnished to Tenant pursuant to Standard lighting fixtures installed in the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesPremises.
Appears in 1 contract
Samples: Sublease (Pennaco Energy Inc)
Landlord’s Standard Services. Subject to Commencing on the provisions Date and through the end of this Leasethe Term, Landlord shall will operate and maintain the Building (including those portions of the Premises for which Landlord is responsible under Section 6.2 but excluding the remainder of the Premises) in compliance with all applicable Laws and according to those standards from time to time prevailing for office buildings of similar age, quality and type in the Pleasanton area, or as otherwise specified herein, and Landlord will provide the following services beginning on according to such standards or as otherwise specified herein, the Commencement Datecosts of which will, subject to Exhibit F, be included in Expenses to the extent provided in the definition of Expenses set forth in Section 1.2:
(a) Maintain repair, maintenance and make replacement of (i) all necessary repairs the exterior and replacements structural elements of the Building, including the roof structure, floor slabs, foundation, structural walls, and exterior windows (ii) the Common Areas, (iii) the exterior landscaping for the Project, (iv) the electrical transformer and all underground utilities (including sewer and water mains), (v) all general mechanical, HVAC, plumbing, electrical (up to and including the distribution panel) and other systems installed in the Building, excluding, however, Exclusive Systems, (vi) core restrooms; and (vi) all damage to the Premises attributable to Landlord’s active negligence or willful misconduct or the active negligence or willful misconduct of Landlord’s agents, contractors and/or employees;
(b) heating, ventilating and air conditioning of the Premises during Building Business Hours and, to the extent required by Tenant pursuant to Section 7.2(a) below, outside of Building Business Hours, and heating, ventilating and air conditioning of the Common Areas of the Building during Building Business Hours, for comfortable occupancy during Normal Business Hours assuming an occupancy density not greater than one person per 200 rentable square feet, for any given room or area within the Premises, and subject at all times, however, to restrictions placed upon Landlord by any duly constituted governmental agency and/or by any duly constituted governmental agency and/or by any utility supplier;
(c) hot and cold water for the restrooms and water for drinking fountains;
(d) electrical facilities sufficient to permit the electrical service provider for the Project to provide up to six (6) xxxxx per square foot of connected load per Rentable Square Foot in the Premises;
(e) janitorial services to the Common Areas of the BuildingProject, all structural elements exclusive of the Holidays and weekends;
(f) two passenger elevators during Building Business Hours and the Building Systems, but excluding those portions of the Premises and the Building required to be repaired or maintained by Tenant pursuant to Section 9 of this Lease. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving the Premises and Common Areas of the Building) shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality one (1) passenger elevator 24 hours a day, seven (7) days a week for access to the materials adopted as a standard for the Building and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (and in each case Tenant shall be required to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight elevators for thirty (30) hours in the aggregate at such other days or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC Systemfloor(s) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.
(d) Furnish New York City water for ordinary lavatory and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in the Common Areas of the Building (including the common elevator corridor and bathrooms on the floor on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.;
(g) Commensurate with core restroom facilities on each floor on which the standards of other first class Premises is located; including necessary restroom supplies for any Common Area restroom facilities on multi-tenant floors (i.e., floors on which the Premises is not the only rentable space) sufficient for a typical office buildings in midtown Manhattan, provide general Building security seven (7) days per week, twenty-four (24) hours per day.tenant’s normal use;
(h) If Landlord or Landlord’s affiliate shall at any time electric lighting for all Common Areas that require electric light during the Term furnish any services to Tenant other than Landlord’s Building standard services to be furnished to Tenant pursuant to day or are open at night, including replacement of tubes and ballasts in lighting fixtures; and
(i) replacement of tubes and ballasts in lighting fixtures installed in the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesPremises.
Appears in 1 contract
Landlord’s Standard Services. Subject to During the provisions of this LeaseTerm, Landlord shall will operate and maintain the Building in compliance with all applicable Laws and according to those standards from time to time prevailing for similar office buildings in the area in which the Building is located. Landlord will provide the following services beginning on according to such standards, the Commencement Date:costs of which will be included in Expenses to the extent provided in Section 1.2(g):
(a) Maintain repair, maintenance and make all necessary repairs and replacements to the Common Areas replacement of the Building, all structural elements of the Building and all mechanical, plumbing and electrical systems installed in the Building SystemsBuilding, but excluding those portions of the Premises any mechanical, plumbing or electrical equipment that is not Building Standard, exclusively serves a tenant’s premises or is installed or operated to accommodate such tenant’s special requirements (such as a supplementary air conditioning unit installed to cool a tenant’s computer room);
(b) heating, ventilating and the Building required to be repaired or maintained by Tenant pursuant to Section 9 of this Lease. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving air conditioning the Premises and Common Areas of the Building) shall be materially affectedduring Business Hours, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality to the materials adopted as a standard for the Building and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (temperatures and in each case Tenant shall amounts consistent with those the mechanical system serving the Premises is designed to provide and otherwise as may be reasonably required to pay for a minimum of four comfortable use and occupancy under normal business operations with “Customary Office Equipment” (4) hours of usage). Tenant shall be permitted to use as used in this Lease, “Customary Office Equipment” will include desk top personal computers and printers, small reproduction machines and similar devices and equipment; but will not include any machines, devices or equipment that adversely affect the Building’s freight elevators for thirty (30) hours temperature otherwise maintained in the aggregate at Premises such other days as, e.g., data processing or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.heavy-duty computer or reproduction equipment);
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications electricity for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC System) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and operating Customary Office Equipment during Business Hours and in amounts not exceeding the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord demand the electrical system serving the Premises is designed to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.provide;
(d) Furnish New York City water for ordinary lavatory small kitchens, washrooms and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.fountains;
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in janitorial services to the Premises and in the Common Areas of the Building Areas;
(including the common elevator corridor f) passenger elevators for access to and bathrooms on the floor from any floor(s) on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of located above the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.first floor;
(g) Commensurate with the standards of other first class office buildings in midtown Manhattantoilet facilities, provide general Building security seven (7) days per week, twenty-four (24) hours per day.including necessary washroom supplies sufficient for Tenant’s normal use;
(h) If Landlord or Landlord’s affiliate shall at any time electric lighting for all Common Areas that require electric light during the Term furnish any services to Tenant other than Landlord’s day or are open at night, including replacement of tubes and ballasts in lighting fixtures; and
(i) replacement of tubes and ballasts in those Building standard services to be furnished to Tenant pursuant to Standard lighting fixtures installed in the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesPremises.
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Landlord’s Standard Services. Subject to During the provisions of this LeaseTerm, Landlord shall provide will operate and maintain the following services beginning on Building in compliance with all applicable Laws which are not the Commencement Date:
obligation of Tenant and in good condition and repair according to those standards from time to time prevailing for office buildings of a similar size and age in the area in which the Building is located. Landlord represents that as of the Date (ai) Maintain the plumbing, electrical wiring, water and make all necessary repairs sewerage systems, fire protection and replacements to sprinkler system, heating system, air-conditioning equipment and elevators serving the Common Areas of the BuildingBuilding and the heating/air-conditioning distribution duct work to the exterior of the Premises are in good operating condition, (ii) the Building structure, to the best of its knowledge, is in good condition, and (iii) the perimeter induction units, toilets and sinks located in the Premises are in good working condition. Landlord will provide the following services according to such standards, the costs of which will be included in Expenses to the extent provided in Section 1.3(f):
(a) repair, maintenance and replacement of all the exterior and structural elements of the Building including the exterior windows and the Building SystemsCommon Areas and all general mechanical, plumbing and electrical systems installed in the Building, but excluding those portions of any mechanical, plumbing or electrical systems that exclusively serve the Premises such as (by means of illustration only) supplemental heating, ventilation and air-conditioning ("HVAC") systems, kitchen plumbing and equipment, plumbing for restrooms exclusively used by Tenant and wall plugs and switches ("Exclusive Systems").; and
(b) heating and air-conditioning the Premises and the Building Common Areas during Business Hours, at temperatures and in amounts as may be reasonably required for comfortable use and occupancy under normal business operations with "Customary Office Equipment" and a personnel density not to be repaired or maintained exceed 1 person per 100 rentable square feet as to heating and 1 person per 200 rentable square feet as to air-conditioning (however a density of 1 person per 100 rentable square feet is achievable with supplemental air-conditioning installed by Tenant pursuant Tenant), subject to Section 9 of this Lease. Except compliance with all applicable voluntary and mandatory regulations and laws (as expressly provided used in this Lease, there "Customary Office Equipment" will include typewriters, calculators, dictation recorders, desk top personal computers, small reproduction machines and similar devices and equipment; but will not include any machines, devices or equipment that adversely affect the temperature otherwise maintained in the Premises such as equipment which generates substantial amounts of heat disproportionate to its size). A computer room will be constructed in the Premises at Tenant's cost and supplemental cooling provided therefore. If Tenant requires heating or air-conditioning for the Premises outside Business Hours, Landlord will furnish the same for the hours specified in a request from Tenant (which request will be made at the time and in the manner reasonably designated by Landlord for such requests from time to time), and for this service Tenant will pay Landlord, within 30 days after the date of Landlord's invoice, the hourly rate reasonably determined by Landlord from time to time; After hours charges for heating and cooling using interior VAV fan operation only shall be no allowance $45.00 per hour per floor; and
(c) cold water from City of Chicago mains for small kitchens, hot and cold water for Building standard washrooms and water for drinking fountains (excluding water for air conditioning units for exclusive use by Tenant) Water for Tenant's supplemental air-conditioning systems, if any, is available at the rate reasonably determined by Landlord from time to time which as of the Date is $253.00 per ton per year.; and
(d) janitorial services to the Premises and Building Common Areas, exclusive of Holidays. Tenant for a diminution shall not provide any janitor services without Landlord's written consent. Janitorial services shall be consistent with those of rental value or interruption of businessother comparable office buildings in downtown Chicago, and no liability subject to the following specifications as attached as Exhibit F hereto and
(e) passenger elevators for access to and from the floor(s) on which the part of LandlordPremises are located. At least one passenger elevator shall be available to provide access to the Premises 24 hours a day, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion every day of the Building or Building Systems or the Premises. year, and Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving the Premises and Common Areas of the Building) shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials maintain at least equal in quality to the materials adopted as a standard three (3) elevators available for the Tenant's non-exclusive use during Building and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (and in each case Tenant shall be required to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight elevators for thirty (30) hours in the aggregate at such other days or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC System) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.
(d) Furnish New York City water for ordinary lavatory and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in the Common Areas of the Building (including the common elevator corridor and bathrooms on the floor on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.Business Hours; and
(f) List Tenant on the Building toilet facilities sufficient for normal office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject use with a density not to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.exceed 1 person per 200 rentable square feet; and
(g) Commensurate with electric lighting for all Common Areas that require electric light during the standards day or are open at night, including replacement of other first class office buildings tubes and ballasts in midtown Manhattan, provide general Building security seven (7) days per week, twenty-four (24) hours per day.lighting fixtures; and
(h) If security service for the Building comparable to that provided by comparable buildings in comparable areas of downtown Chicago, Illinois using manners and methods deemed necessary by Landlord or Landlord’s affiliate shall at any time during in its sole and reasonable judgment.; and
(i) Landscaping comparable to that provided by comparable buildings in comparable areas of downtown Chicago, Illinois using manners and methods deemed necessary by Landlord in its sole and reasonable judgment; and
(j) Snow removal from sidewalks and exterior Common Areas comparable to that provided by comparable buildings in comparable areas of downtown Chicago, Illinois using manners and methods deemed necessary by Landlord in its sole and reasonable judgment; and
(k) Insect, rodent and vermin control in the Term furnish any services Building and Premises comparable to Tenant other than Landlord’s Building standard services to be furnished to Tenant pursuant to the provisions that provided by comparable buildings in comparable areas of this Section 7.2 without separate charge to Tenantdowntown Chicago, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesIllinois using manners and methods deemed necessary by Landlord in its sole and reasonable judgment.
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Landlord’s Standard Services. Subject to the provisions terms and conditions of this Lease, and the obligations of Tenant as set forth herein below, Landlord shall provide furnish or cause to be furnished to the Premises the following utilities and services beginning on in a manner consistent with other comparable Class A quality office buildings located in the Commencement Date:Thousand Oaks/Westlake Village/Agoura Hills/Calabasas, California area (the “Territory”), the costs of which shall be included in Operating Expenses, unless otherwise specified below (Landlord reserves the right to adopt non-discriminatory modifications and additions to the following provisions from time to time so long as such modifications do not materially decrease the level of service provided to Tenant, materially reduce Tenant’s rights, or materially increase Tenant’s monetary obligations):
(a) Maintain and Landlord shall make all necessary repairs and replacements to available for Tenant’s nonexclusive use, the Common Areas non-attended passenger elevator facilities of the Building, all structural elements of the Building seven days per week and the Building Systems, but excluding those portions of the Premises and the Building required to be repaired or maintained by Tenant pursuant to Section 9 of this Leasetwenty-four (24) hours per day. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving the Premises and Common Areas of the Building) shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality Subject to the materials adopted as a standard for the Building other terms and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date provisions of this Lease is $80.02 per hour), without markup (and in each case Tenant shall reasonable Building access restrictions from equipment and other measures that may be required to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight elevators for thirty (30) hours in the aggregate at such other days or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.
(c) Operate the central air-conditioning, heating and ventilating system installed established by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundaysfor example, card key access), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC System) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.
(d) Furnish New York City water for ordinary lavatory and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in the Common Areas of the Building (including the common elevator corridor and bathrooms on the floor on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.
(g) Commensurate with the standards of other first class office buildings in midtown Manhattan, provide general Building security seven (7) days per week, twenty-four (24) hours per day.
. Subject to the terms and conditions of this Lease, Tenant shall (hi) If cause the Premises to be separately metered for all utilities, at its sole cost and expenses as part of the Leasehold Improvements as defined in Exhibit “D” and subject to the application of the Tenant Improvement Allowance, and (ii) pay directly all costs of electricity consumed within or for the exclusive benefit of the Premises, including but not limited to electricity for lighting, power and the heating, ventilation and air conditioning (“HVAC”) system serving the Premises. Accordingly, Tenant shall contract directly with all utility providers and shall pay for all gas, heat, light, power, telephone and trash disposal supplied to the Premises, together with any taxes, charges and fees thereon. Tenant shall be responsible for all utility charges from and after the Commencement Date and, if such utility charges are charged to Landlord, Landlord or may elect to deduct such amounts from the Tenant Improvement Allowance (as defined in the Work Letter Agreement). In the event it is not possible for Tenant to separately obtain a usual and customary utility service, the utility service shall be obtained in Landlord’s affiliate name, and Tenant will pay directly to Landlord as Additional Rent, the Actual Costs incurred by Landlord in providing such utility services and such costs shall be excluded from Operating Expenses to the extent paid for directly by Tenant. As used herein, “Actual Costs” for utilities shall mean the rate charged for the provision of the utility by the local public utility furnishing the utility. Landlord reserves the right to separately meter any such electricity service at Tenant’s expense at any time during the Term furnish any services to Tenant other than Landlord’s Building standard services to be furnished to Tenant pursuant to the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesLease Term.
Appears in 1 contract
Samples: Lease Agreement (First California Financial Group, Inc.)
Landlord’s Standard Services. Subject to During the provisions of this LeaseTerm, Landlord shall will operate and maintain the Land and Building in compliance with all applicable Laws and according to those standards from time to time prevailing for comparable office buildings in the vicinity in which the Building is located. Landlord will provide the following services beginning on all days (unless otherwise stated below) during the Commencement Date:Term according to such standards, the costs of which will be included in Expenses to the extent provided in (and not otherwise excluded by) Section 1.3(g):
(a) Maintain repair, maintenance and make all necessary repairs and replacements to replacement of the Common Areas of the BuildingAreas, all structural elements of the Building and all general mechanical, plumbing and electrical systems installed in the Building SystemsBuilding, but excluding those portions of any mechanical, plumbing or electrical systems that exceed Building Standard and exclusively serve the Premises and are installed by or on behalf of Tenant (including the Tenant Improvements). Landlord shall maintain in good order and repair the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, landscaping, exterior project signage, stairwells, elevator cabs, plazas, art work, sculptures, men's and women's washrooms, Building required to be repaired or maintained mechanical, electrical and telephone closets, and all common and public areas (collectively, the "Building Structure") and the base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant pursuant to Section 9 of this Lease. Except (collectively, the "Building Systems");
(b) heating, ventilating and air conditioning for the Premises and interior Common Areas during Business Hours, at temperatures and in amounts as expressly provided may be reasonably required for comfortable use and occupancy under normal business office operations with "Customary Office Equipment" (as used in this Lease, "Customary Office Equipment" includes typewriters, calculators, copiers, file servers, fax machines, coffee machines, dishwashers, microwaves, refrigerators, dictation recorders, desk top personal computers and printers and similar devices and equipment; but will not include any machines, devices or equipment that adversely affect the temperature otherwise maintained in the Premises or that require a voltage other than 120 volts (other than photocopy machines which may require 220 volts), single phase, such as, e.g., data processing or heavy-duty computer or reproduction equipment);
(c) electricity for lighting and operating Customary Office Equipment in the Premises in an amount not to exceed an average of 4.5 kilowatts per usable square foot of the Premises multiplied by the Building Hours on a monthly basis (not including the electricity required to run the Building HVAC system);
(d) water for small kitchens, washrooms and drinking fountains;
(e) janitorial services to the Premises and Common Areas. The janitorial services to the Premises shall be in material conformance with the specifications attached hereto as Exhibit G, and shall include periodic window washing services in a manner consistent with other comparable buildings in the vicinity of the Building. Notwithstanding the foregoing, if Tenant desires to provide janitorial services which are in addition to the services provided by Landlord ("Tenant's Janitors"), then to the extent that Tenant's Janitors do not unreasonably interfere with the janitorial services provided by Landlord for the Building, Landlord shall permit Tenant's Janitors reasonable ingress and egress to the Premises; provided that if Tenant elects to use Tenant's Janitors there shall be no allowance to Tenant offset from Expenses for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving the Premises and Common Areas of the Building) shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality to the materials adopted as a standard for the Building and (ii) in compliance with applicable Laws.janitorial costs;
(bf) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (and in each case Tenant shall be required to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight passenger elevators for thirty (30) hours in the aggregate at such other days or times, without charge, in connection with the Initial Improvements access to and Tenant’s move into the Premises.
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC Systemfloor(s) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.
(d) Furnish New York City water for ordinary lavatory and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in the Common Areas of the Building (including the common elevator corridor and bathrooms on the floor on which the Premises are located, if any) according at least one of which, subject to events beyond Landlord's reasonable control, shall be available at all times after Building Hours to provide service to the specifications set forth on Exhibit D attached heretoPremises. Landlord shall not reduce the number of elevators existing in the Building as of the Commencement Date. In addition, during the evenings following usual business days (but in no event following Saturdays or Sundays)Landlord shall provide nonexclusive freight elevator service at all times, Holidays excepted. Tenant shall pay subject to Landlord the reasonable costs incurred scheduling by Landlord for (x) extra cleaning in the Premises required because and free of (i) misuse or neglect by direct charge to Tenant. Landlord shall provide Tenant or its employees or business visitorswith exclusive freight elevator service as reasonably necessary, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, subject to availability and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved reasonable scheduling by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of the Building. Tenant may also arrange directly in connection with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to Tenant's move-in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.Premises;
(g) Commensurate with toilet facilities, including necessary washroom supplies sufficient for Tenant's normal use;
(h) electric lighting for all Common Areas that require electric light during the standards day or are open at night, including replacement of other first class office buildings tubes and ballasts in midtown Manhattan, provide general lighting fixtures;
(i) replacement of tubes and ballasts in those Building Standard lighting fixtures installed in the Premises; and
(j) reasonable security services for the Building and in the Building parking facility seven (7) days per week, twenty-four (24) hours per day, including a card-reader system for the Building.
(h) If Landlord or Landlord’s affiliate shall at any time during the Term furnish any services to Tenant other than Landlord’s Building standard services to be furnished to Tenant pursuant to the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning services.
Appears in 1 contract
Samples: Lease Agreement (Tickets Com Inc)
Landlord’s Standard Services. Subject to During the provisions of this LeaseTerm, Landlord shall will operate and maintain the Building in compliance with all applicable Laws and according to those standards from time to time prevailing for similar office buildings in the area in which the Building is located. Landlord will provide the following services beginning on according to such standards, the Commencement Date:costs of which will be included in Expenses to the extent provided in Section 1.3(h).
(a) Maintain repair, maintenance and make all necessary repairs and replacements to the Common Areas replacement of the Building, all structural elements of the Building and all mechanical, plumbing and electrical systems installed in the Building SystemsBuilding, but excluding those portions of the Premises any mechanical, plumbing or electrical equipment that is not Building Standard, exclusively serves a tenant's premises and the Building required is installed or operated to be repaired or maintained by Tenant pursuant accommodate such tenant's special requirements (such as supplementary air conditioning unit installed to Section 9 of this Lease. Except as expressly provided in this Leasecool a tenant's computer room).
(b) heating, there shall be no allowance to Tenant for a diminution of rental value or interruption of business, ventilating and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving air conditioning the Premises and Common Areas of the Building) shall be materially affectedduring Business Hours, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality to the materials adopted as a standard for the Building and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (temperatures and in each case Tenant shall amounts consistent with those the mechanical serving the Premises is designed to provide and otherwise as may be reasonably required to pay for a minimum of four comfortable use and occupancy under normal business operations with "Customer Equipment" (4) hours of usage). Tenant shall be permitted to use as used in this Lease, "Customary Office Equipment" will include desktop personal computers and printers, small reproduction machines and similar devices and equipment; but will not include any machines, devices or equipment that adversely affect the Building’s freight elevators for thirty (30) hours temperature otherwise maintained in the aggregate at Premises such other days as, e.g., data processing or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.heavy-duty computer or reproduction equipment);
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications electricity for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC System) or if Tenant installs and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and operating Customary Office Equipment during Business Hours and in amounts not exceeding the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord demand the electrical system serving the Premises is designed to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.provide;
(d) Furnish New York City water for ordinary lavatory small kitchens, washrooms and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.fountains;
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in janitorial services to the Premises and in the Common Areas of the Building Areas;
(including the common elevator corridor f) passenger elevators for access to and bathrooms on the floor from any floor(s) on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of located above the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.'s first floor;
(g) Commensurate with the standards of other first class office buildings in midtown Manhattantoilet facilities, provide general Building security seven (7) days per week, twenty-four (24) hours per day.including necessary washroom supplies sufficient for Tenant's normal use;
(h) If Landlord or Landlord’s affiliate shall at any time electric lighting for all Common Areas that require electric light during the Term furnish any services to Tenant other than Landlord’s day or are open at night, including replacement of tubes and ballasts in lighting fixtures; and
(i) replacement of tubes and ballasts in those Building standard services to be furnished to Tenant pursuant to Standard lighting fixtures installed in the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesPremises.
Appears in 1 contract
Samples: Lease Agreement (Medibuy Com Inc)
Landlord’s Standard Services. Subject to Commencing on the provisions Date and through the end of this Leasethe Term, Landlord shall will operate and maintain the Building (including those portions of the Premises for which Landlord is responsible under Section 6.2 but excluding the remainder of the Premises) in compliance with all applicable Laws and according to those standards from time to time prevailing for office buildings of similar age, quality and type in the Pleasanton area, or as otherwise specified herein, and Landlord will provide the following services beginning on according to such standards or as otherwise specified herein, the Commencement Datecosts of which will, subject to Exhibit F, be included in Expenses to the extent provided in the definition of Expenses set forth in Section 1.2:
(a) Maintain repair, maintenance and make replacement of (i) all necessary repairs the exterior and replacements structural elements of the Building, including the roof structure, floor slabs, foundation, structural walls, and exterior windows (ii) the Common Areas, (iii) the exterior landscaping for the Project, (iv) the electrical transformer and all underground utilities (including sewer and water mains), (v) all general mechanical, HVAC, plumbing, electrical (up to and including the distribution panel) and other systems installed in the Building, excluding, however, Exclusive Systems, (vi) core restrooms; and (vi) all damage to the Premises attributable to Landlord’s active negligence or willful misconduct or the active negligence or willful misconduct of Landlord’s agents, contractors and/or employees;
(b) heating, ventilating and air conditioning of the Premises during Building Business Hours and, to the extent required by Tenant pursuant to Section 7.2(a) below, outside of Building Business Hours, and heating, ventilating and air conditioning of the Common Areas of the Building during Building Business Hours, for comfortable occupancy during Normal Business Hours assuming an occupancy density not greater than one person per 200 rentable square feet, for any given room or area within the Premises, and subject at all times, however, to restrictions placed upon Landlord by any duly constituted governmental agency and/or by any duly constituted governmental agency and/or by any utility supplier;
(c) hot and cold water for the restrooms and water for drinking fountains;
(d) electrical facilities sufficient to permit the electrical service provider for the Project to provide up to six (6) xxxxx per square foot of connected load per Rentable Square Foot in the Premises;
(e) janitorial services to the Common Areas of the BuildingProject, all structural elements of the Building and the Building Systems, but excluding those portions of the Premises and the Building required to be repaired or maintained by Tenant pursuant to Section 9 of this Lease. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value or interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs in or to any portion of the Building or Building Systems or the Premises. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business in the Premises during the performance of any repairs (without incurring overtime or premium labor charges). To the extent that Tenant’s use of the Premises (including Tenant’s use of all Building Systems serving the Premises and Common Areas of the Building) shall be materially affected, Landlord shall perform all repairs (i) in a workmanlike manner using grades of materials at least equal in quality to the materials adopted as a standard for the Building and (ii) in compliance with applicable Laws.
(b) Provide Building standard elevator service on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 5:00 P.M., and have one elevator on call at all other days and times. Tenant shall be permitted to use the Building’s freight elevators on an “as available” basis between the hours of 8:00 A.M. to 5:00 P.M. on usual business days at no charge to Tenant (including during Tenant’s Initial Improvements and move in), and at any other days or times on an “as available” basis at Landlord’s then current Building standard rate for such freight elevator usage, (which as of the Date of this Lease is $80.02 per hour), without markup (and in each case Tenant shall be required to pay for a minimum of four (4) hours of usage). Tenant shall be permitted to use the Building’s freight elevators for thirty (30) hours in the aggregate at such other days or times, without charge, in connection with the Initial Improvements and Tenant’s move into the Premises.
(c) Operate the central air-conditioning, heating and ventilating system installed by Landlord in the Building (the “HVAC System”) during the applicable seasons on usual business days (but in no event on Saturdays or Sundays), Holidays excepted, from 8:00 A.M. to 6:00 P.M. in accordance with the design specifications for the HVAC System, which are set forth on Exhibit C annexed hereto and made a part hereof, and are subject to applicable Laws and the New York State Energy Conservation Code and the New York City Energy Conservation Code. Tenant expressly acknowledges that the windows are hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the central ventilating and air conditioning systems are not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the central air conditioning, heating and ventilating systems, or the suitability of the Premises when same are not in operation or due to normal scheduling or for the reasons set forth in Section 7.3. Landlord shall not be liable for the failure of the air conditioning system if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet in any separate room or area (exclusive of use for the HVAC System) or if Tenant installs Holidays and operates machines, incandescent lighting and appliances the total demand electrical load of which exceeds 5 xxxxx per square foot of rentable area in any separate room or area. If Tenant shall request heating, ventilation or air conditioning at any times other than those set forth above, Landlord shall provide the same, subject to the provisions of this Lease, provided that Tenant shall give written notice requesting such after hours service to Landlord’s Building manager or other representative in charge of the Building at least 48 hours in advance of the day on which Tenant shall desire such after hours service. Tenant shall pay to Landlord, for such after hours service, as Rent, then current Landlord’s Building standard charge therefor, within thirty (30) days after demand. As of the Date of this Lease, Landlord’s Building standard charges for heating, ventilation and air conditioning are: $368.90 per hour for heating, $292.55 per hour for ventilation and $466.75 per hour for air conditioning. If Tenant shall request such overtime service for Saturday, Sunday or a Holiday for a period of less than eight (8) hours, Tenant shall pay for a minimum of eight (8) hours of such overtime service. If any other tenants of the Building whose premises are served by the same HVAC System as the Premises shall request overtime service for any of the same hours as Tenant, the charge to Tenant for such common use shall be pro-rated based upon the rentable area of the Premises and the premises of such other tenant(s) requesting such service. However, nothing herein contained shall obligate Landlord to pro-rate such charge based upon other tenants who may receive the benefit of such service but who shall not have so requested such service.
(d) Furnish New York City water for ordinary lavatory and drinking and office cleaning purposes if a wet column is located in the Premises. If Tenant requires, uses or consumes water for any other purpose, or installation becomes required by Laws, Tenant agrees that Tenant shall (or Landlord may at Tenant’s cost) install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. Additionally, Landlord may install meters for the Building generally, and in such case Landlord shall, at Landlord’s cost, install and maintain a meter or meters or other means to measure Tenant’s water consumption. In any such case, Tenant shall reimburse Landlord for the cost of all water consumed (including costs of generating hot water, if any) as measured by said meter or meters or as otherwise measured, including sewer rents, as additional rent within thirty (30) days after bills are rendered.
(e) Furnish either directly or through the Building cleaning contractor, which Tenant hereby approves, customary standard office cleaning service in the Premises and in the Common Areas of the Building (including the common elevator corridor and bathrooms on the floor on which the Premises are located, if any) according to the specifications set forth on Exhibit D attached hereto, during the evenings following usual business days (but in no event following Saturdays or Sundays), Holidays excepted. Tenant shall pay to Landlord the reasonable costs incurred by Landlord for (x) extra cleaning in the Premises required because of (i) misuse or neglect by Tenant or its employees or business visitors, (ii) use of portions of the Premises for preparation, serving or consumption of food or beverages or other special purposes (except mail room) requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non Building standard materials or finishes installed by Tenant or at its request, and (y) removal from the Premises and the Building of (i) so much of any refuse or rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy and (ii) refuse and rubbish of Tenant’s vending machines and other eating facilities requiring special handling (known in the trade as “wet garbage”). Tenant may arrange for removal of such wet garbage by its own personnel or by contractors approved by Landlord, subject to such rules and regulations as Landlord may reasonably impose for the proper operation and maintenance of the Building. Tenant may also arrange directly with Landlord’s cleaning contractor to pay for any or all of the costs of extra cleaning and rubbish removal referred to in this Section. Landlord and its cleaning contractor and their employees shall have after hours access to the Premises and the free use of light, power and water facilities in the Premises as shall be reasonably required for the purpose of cleaning the Premises in accordance with Landlord’s obligations hereunder.weekends;
(f) List Tenant on the Building office directory board, provided that Landlord maintains an office directory board in the Building. Tenant may install Tenant’s standard identifying signage in the 15th floor elevator lobby, which signage shall be subject to the approval of Landlord in all respects, which approval shall not be unreasonably withheld.core restroom facilities;
(g) Commensurate with electric lighting for all Common Areas that require electric light during the standards day or are open at night, including replacement of other first class office buildings tubes and ballasts in midtown Manhattan, provide general Building security seven (7) days per week, twenty-four (24) hours per day.lighting fixtures; and
(h) If Landlord or Landlord’s affiliate shall at any time during replacement of tubes and ballasts in lighting fixtures installed in the Term furnish any services to Tenant other than Landlord’s Building standard services to be furnished to Tenant pursuant to the provisions of this Section 7.2 without separate charge to Tenant, then Tenant shall pay to Landlord, or, at Landlord’s option to Landlord’s designated affiliate, as Rent, within thirty (30) days after demand, Landlord’s then current Building standard charge for such services. Such additional services may include, as an example only, additional electric power or cleaning servicesPremises.
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