LESSEE'S EQUIPMENT. The Lessee shall not connect any electrical equipment of any type to the electrical distribution system without the Lessor's prior written consent which shall not be unreasonably withheld, provided that the Lessee may, without the Lessor's consent, connect equipment which do not overtax the electrical system. Lessor does not warrant that the Premises are sufficient or adaptable for the use of computer or word or data processing equipment. Lessee agrees not to connect with water pipes any apparatus using water without consent of the Lessor. Lessee shall be permitted to use a copying machine plus any number of computers, typewriters and desk calculators consistent with the leased area without being subject to the utility surcharge hereinafter provided. Lessee shall not be permitted to install any equipment causing a floor load in excess of _________ pounds per square foot. Additional equipment shall only be connected upon written permission of the Lessor which shall not be unreasonably withheld and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. In particular but not exclusively, the following equipment is subject to the surcharge: More than one refrigerator, water coolers, incandescent lighting and any other equipment determined by Lessor in its sole discretion. No cooking or warming up of food (except for microwave) or room heaters will be permitted. No device will be used by Lessee that creates any unreasonable odor. Lessee may install or affix to the Premises such equipment and trade fixtures as are reasonably necessary for the conduct of Lessee's business operation therein with the Lessor's prior written consent; and upon termination of the Lease for any reason other than Lessee's default, Lessee may remove the same provided that after such removal Lessee restores the Premises at Lessee's expense to the same condition as existed prior to the installation of such equipment and fixtures. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings or other appurtenants attached to the floor or any part of the Premises by Lessee shall at the termination of the Lease or any renewal thereof, remain the property of Lessor and shall not be removed unless Lessor requests Lessee to remove same. Lessee shall promptly pay and discharge and shall indemnify and hold Lessor harmless of and from, all tangible property taxes and assessments now or hereafter taxed, assessed, imposed or levied by any lawful authority against or upon any fixtures, equipment, or personal property located in the Premises which shall not be unreasonably withheld during the term of this Lease. Lessee shall not store or maintain any equipment, boxes or other containers in the hallways or other common areas inside or outside the Building. Lessor shall have the right to remove any such equipment, boxes or containers after one (1)hour notice to Lessee, and to store such equipment or dispose of it in any manner deemed appropriate by Lessor. In such event, Lessee shall pay to Lessor all expenses incurred by Lessor for such storage or other disposition, which expenses shall be deemed to constitute additional Rent hereunder.
Appears in 1 contract
LESSEE'S EQUIPMENT. The (A) Lessee shall will not connect install or operate in the Demised Premises any electrical electrically operated equipment of any type to or other machinery (other than typewriters, word processing machines, personal computers, adding machines, radios, televisions, tape recorders, dictaphones, bookkeeping machines, copying machines, clocks, and other business machines and equipment normally employed for general office use) which require high electricity consumption for operation, without first obtaining the electrical distribution system without the Lessor's prior written consent which shall not be unreasonably withheldof Lessor, provided that the who may condition such consent upon payment by Lessee may, without the Lessor's consent, connect equipment which do not overtax the electrical systemof additional Rent as compensation for additional consumption of electricity and/or other utility services. Lessor does not warrant that the Premises are sufficient or adaptable for the use of computer or word or data processing equipment. Lessee agrees not to connect with water pipes any apparatus using water without consent of the Lessor. Lessee Such additional Rent shall be permitted in addition to use a copying machine plus Lessee's other obligations under this Lease to pay any number costs specified elsewhere in this Lease. If any or all of computers, typewriters and desk calculators consistent with the leased area without being subject to the utility surcharge hereinafter provided. Lessee shall not be permitted to install any Lessee's equipment causing a floor load requires electricity consumption in excess of _________ pounds per square foot. Additional equipment shall only be connected upon written permission the capacity of the electrical system existing in the Demised Premises, and if Lessor which shall not be unreasonably withheld and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. In particular but not exclusively, the following equipment is subject to the surcharge: More than one refrigerator, water coolers, incandescent lighting and any other equipment determined by Lessor in its sole discretion. No cooking or warming up of food (except for microwave) or room heaters will be permitted. No device will be used by Lessee that creates any unreasonable odor. Lessee may install or affix to the Premises such equipment and trade fixtures as are reasonably necessary for the conduct of Lessee's business operation therein with the Lessor's prior written consent; and upon termination of the Lease for any reason other than Lessee's default, Lessee may remove the same provided that after such removal Lessee restores the Premises at Lessee's expense to the same condition as existed prior consents to the installation of such equipment, then all additional transformers, distribution panels and wiring that may be required to provide the amount of electricity required for Lessee's equipment shall be installed, if reasonably feasible, by Lessor at the cost and fixturesexpense of Lessee. It If Lessee's equipment causes Lessee's consumption of electricity to exceed the Building standard amount provided by Lessor (as determined by Lessor), or if such equipment is understood to be consistently operated beyond the normal Building hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and agreed9:00 a.m. to 1:00 p.m. on Saturday, howeverLessor may at its option: i) install a separate electric meter for the Demised Premises at Lessee's sole cost and expense; ii) install a separate meter at Lessee's sole cost and expense, to record the specific equipment that any floor coveringsis causing Lessee's excessive consumption of electricity; or iii) determine the equitable amount to be charged to Lessee for such excessive consumption of electricity. In the event Lessor installs a separate meter for the Demised Premises, window treatments, wall coverings or other appurtenants attached Lessee shall then pay the cost of electricity it consumes as recorded by such meter directly to the floor electric company. In the event Lessor separately meters the specific equipment or any part of in the Premises by event Lessor itself determines the equitable amount to be charged to Lessee as aforesaid, Lessee shall at the termination of the Lease or any renewal thereof, remain the property of be billed periodically by Lessor and shall not be removed unless Lessor requests Lessee to remove same. Lessee shall promptly pay and discharge and shall indemnify and hold Lessor harmless of and from, all tangible property taxes and assessments now or hereafter taxed, assessed, imposed or levied by any lawful authority against or based upon any fixtures, equipment, or personal property located in the Premises which shall not be unreasonably withheld during the term of this Lease. such excessive consumption.
(B) Lessee shall not store install any equipment of any kind or maintain nature whatsoever or permit any equipmentuse of the Demised Premises which will or may necessitate any changes, boxes replacements or additions to, or in the use of (but necessarily limited to), the water system, heating system, plumbing system, air-conditioning system, or electrical system of the Demised Premises or the Building without first obtaining the prior written consent of Lessor. Any machines or mechanical equipment belonging to or being used by Lessee which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Lessor or to any tenant in the Building shall be installed and maintained by Lessee, at Lessee's expense, on vibration eliminators or other containers in the hallways or other common areas inside or outside the Building. devices sufficient to eliminate such noise and vibration.
(C) Lessor shall have the right to remove any such prescribe the weight and position of all heavy personal property, equipment and fixtures, including, but not limited to, data processing equipment, boxes or containers after one (1)hour notice to Lesseerecord and file systems, and safes which Lessee intends to store such equipment install or dispose of it in any manner deemed appropriate by Lessor. In such event, Lessee shall pay to Lessor all expenses incurred by Lessor for such storage or other disposition, which expenses shall be deemed to constitute additional Rent hereunder.locate within the
Appears in 1 contract
Samples: Lease Agreement (Inphonic Inc)
LESSEE'S EQUIPMENT. The Lessee shall will not connect install or operate in the Demised Premises any electrical electrically operated equipment of any type to or other machinery, other than typewriters, personal computers, LAN servers, word processing machines, adding machines, radios, televisions, tape recorders, dictaphones, bookkeeping machines, copying machines, clocks, and other business machines and equipment and kitchen equipment normally employed for general office use which do not require high electricity consumption for operation, without first obtaining the electrical distribution system without the Lessor's prior written consent which of Lessor, who may condition such consent upon payment by Lessee of additional rent as compensation for additional consumption of electricity and/or other utility services. Such additional rent shall not be unreasonably withheldin addition to Lessee's obligations, provided that pursuant to the Lessee maysection of this Lease entitled, without "OPERATING EXPENSES, OPERATING COSTS AND REAL ESTATE TAXES," to pay its proportionate share of increases in Operating Costs. If any or all of Lessee's equipment requires electricity consumption in excess of the Lessor's consent, connect equipment which do not overtax capacity of the electrical systemsystem installed by Lessor in the Demised Premises, all additional transformers, distribution panels and wiring that may be required to provide the amount of electricity required for Lessee's equipment shall be installed by Lessor at the cost and expense of Lessee. If Lessee's equipment causes Lessee's consumption of electricity to exceed an average of five (5) wattx xxx rentable square foot, or if such equipment is to be consistently operated beyond the normal Building hours of 8:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, Lessor does not warrant that the Premises are sufficient or adaptable at its option may install (i) a separate electric meter for the use Demised Premises at Lessee's sole cost and expense, or (ii) a separate meter for the specific equipment that is causing Lessee's excessive consumption of computer or word or data processing equipmentelectricity at Lessee's sole cost and expense. In the event Lessor installs a separate meter for the Demised Premises, Lessee agrees not shall then pay the cost of electricity it consumes as recorded by such meter directly to connect with water pipes any apparatus using water without consent the electric company, and an appropriate adjustment shall be made to Lessee's proportionate share of Operating Costs to reflect Lessee's reduced consumption of electricity because of such separate metering of the LessorDemised Premises. In the event Lessor separately meters the specific equipment, Lessee shall be permitted billed periodically by Lessor based upon such consumption, but no adjustment shall be made to use a copying machine plus any number Lessee's proportionate share of computers, typewriters and desk calculators consistent with the leased area without being subject to the utility surcharge hereinafter providedOperating Costs. Lessee shall not be permitted to install any equipment causing a floor load of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to, or in excess of _________ pounds per square foot. Additional equipment shall only be connected upon written permission the use of, the water system, heating system, plumbing system, air-conditioning system, or electrical system of the Lessor which shall Demised Premises or the Building without first obtaining the prior written consent of Lessor, such consent not to be unreasonably withheld withheld. Business machines and mechanical equipment belonging to Lessee which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be reasonably objectionable to Lessor or to any tenant in the Building shall be subject to an electrical service surcharge in an amount determined installed and maintained by the Lessor upon the grant of permission. In particular but not exclusivelyLessee, the following equipment is subject to the surcharge: More than one refrigerator, water coolers, incandescent lighting and any other equipment determined by Lessor in its sole discretion. No cooking or warming up of food (except for microwave) or room heaters will be permitted. No device will be used by Lessee that creates any unreasonable odor. Lessee may install or affix to the Premises such equipment and trade fixtures as are reasonably necessary for the conduct of Lessee's business operation therein with the Lessor's prior written consent; and upon termination of the Lease for any reason other than Lessee's default, Lessee may remove the same provided that after such removal Lessee restores the Premises at Lessee's expense to the same condition as existed prior to the installation of such equipment and fixtures. It is understood and agreedexpense, however, that any floor coverings, window treatments, wall coverings on vibration eliminators or other appurtenants attached devices sufficient to the floor or any part of the Premises by Lessee shall at the termination of the Lease or any renewal thereof, remain the property of Lessor eliminate such noise and shall not be removed unless Lessor requests Lessee to remove same. Lessee shall promptly pay and discharge and shall indemnify and hold Lessor harmless of and from, all tangible property taxes and assessments now or hereafter taxed, assessed, imposed or levied by any lawful authority against or upon any fixtures, equipment, or personal property located in the Premises which shall not be unreasonably withheld during the term of this Lease. Lessee shall not store or maintain any equipment, boxes or other containers in the hallways or other common areas inside or outside the Buildingvibration. Lessor shall have the right to remove any such reasonably prescribe the weight and position of all heavy equipment and fixtures, including, but not limited to, data processing equipment, boxes or containers after one (1)hour notice to Lesseerecord and file systems, and safes which Lessee intends to store install or locate within the Demised Premises. Lessee shall obtain Lessor's prior review and approval before installing or locating heavy equipment and fixtures in the Demised Premises, and if installation or location of such equipment or dispose fixtures, in Lessor's opinion, requires structural modifications or reinforcement of it in any manner deemed appropriate by Lessor. In such eventportion of the Demised Premises or the Building, Lessee shall pay agrees to Lessor reimburse Lessor, as additional rent, for any and all expenses costs incurred by Lessor for to make such storage required modifications or other dispositionreinforcements, which expenses and such modifications or reinforcements shall be deemed completed prior to constitute additional Rent hereunderLessee installing or locating such equipment or fixtures in the Demised Premises. Lessee shall reimburse Lessor within thirty (30) days of receipt of any statement setting forth those costs.
Appears in 1 contract
LESSEE'S EQUIPMENT. The (A) Lessee shall will not connect install or operate in the Demised Premises any electrical electrically operated equipment of any type to or other machinery (other than typewriters, word processing machines, personal computers, adding machines, radios, televisions, tape recorders, dictaphones, bookkeeping machines, copying machines, clocks, and other business machines and equipment normally employed for general office use) which require high electricity consumption for operation, without first obtaining the electrical distribution system without the Lessor's prior written consent which shall not be unreasonably withheldof Lessor, provided that the who may condition such consent upon payment by Lessee may, without the Lessor's consent, connect equipment which do not overtax the electrical systemof additional Rent as compensation for additional consumption of electricity and/or other utility services. Lessor does not warrant that the Premises are sufficient or adaptable for the use of computer or word or data processing equipment. Lessee agrees not to connect with water pipes any apparatus using water without consent of the Lessor. Lessee Such additional Rent shall be permitted in addition to use a copying machine plus Lessee’s other obligations under this Lease to pay any number costs specified elsewhere in this Lease. If any or all of computers, typewriters and desk calculators consistent with the leased area without being subject to the utility surcharge hereinafter provided. Lessee shall not be permitted to install any Lessee’s equipment causing a floor load requires electricity consumption in excess of _________ pounds per square foot. Additional equipment shall only be connected upon written permission the capacity of the electrical system existing in the Demised Premises, and if Lessor which shall not be unreasonably withheld and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. In particular but not exclusively, the following equipment is subject to the surcharge: More than one refrigerator, water coolers, incandescent lighting and any other equipment determined by Lessor in its sole discretion. No cooking or warming up of food (except for microwave) or room heaters will be permitted. No device will be used by Lessee that creates any unreasonable odor. Lessee may install or affix to the Premises such equipment and trade fixtures as are reasonably necessary for the conduct of Lessee's business operation therein with the Lessor's prior written consent; and upon termination of the Lease for any reason other than Lessee's default, Lessee may remove the same provided that after such removal Lessee restores the Premises at Lessee's expense to the same condition as existed prior consents to the installation of such equipment, then all additional transformers, distribution panels and wiring that may be required to provide the amount of electricity required for Lessee’s equipment shall be installed, if reasonably feasible, by Lessor at the cost and fixturesexpense of Lessee. It If Lessee’s equipment causes Lessee’s consumption of electricity to exceed the Building standard amount provided by Lessor (as determined by Lessor), or if such equipment is understood to be consistently operated beyond the normal Building hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and agreed9:00 a.m. to 1:00 p.m. on Saturday, howeverLessor may at its option: i) install a separate electric meter for the Demised Premises at Lessee’s sole cost and expense; ii) install a separate meter at Lessee’s sole cost and expense, to record the specific equipment that any floor coveringsis causing Lessee’s excessive consumption of electricity; or iii) determine the equitable amount to be charged to Lessee for such excessive consumption of electricity. In the event Lessor installs a separate meter for the Demised Premises, window treatments, wall coverings or other appurtenants attached Lessee shall then pay the cost of such excessive consumption of electricity as recorded by such meter directly to the floor Lessor. In the event Lessor separately meters the specific equipment or any part of in the Premises by event Lessor itself determines the equitable amount to be charged to Lessee as aforesaid, Lessee shall at the termination of the Lease or any renewal thereof, remain the property of be billed periodically by Lessor and shall not be removed unless Lessor requests Lessee to remove same. Lessee shall promptly pay and discharge and shall indemnify and hold Lessor harmless of and from, all tangible property taxes and assessments now or hereafter taxed, assessed, imposed or levied by any lawful authority against or based upon any fixtures, equipment, or personal property located in the Premises which shall not be unreasonably withheld during the term of this Lease. such excessive consumption.
(B) Lessee shall not store install any equipment of any kind or maintain nature whatsoever or permit any equipmentuse of the Demised Premises which will or may necessitate any changes, boxes replacements or additions to, or in the use of (but necessarily limited to), the water system, heating system, plumbing system, air-conditioning system, or electrical system of the Demised Premises or the Building without first obtaining the prior written consent of Lessor. Any machines or mechanical equipment belonging to or being used by Lessee which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Lessor or to any tenant in the Building shall be installed and maintained by Lessee, at Lessee’s expense, on vibration eliminators or other containers in the hallways or other common areas inside or outside the Building. devices sufficient to eliminate such noise and vibration.
(C) Lessor shall have the right to remove prescribe the weight and position of all heavy personal property, equipment and fixtures, including, but not limited to, data processing equipment, record and file systems, and safes which Lessee intends to install or locate within the Demised Premises. Lessee shall obtain Lessor’s prior review and approval before installing or locating any such equipmentheavy personal property, boxes or containers after one (1)hour notice to Lesseeequipment and fixtures in the Demised Premises, and if installation or location of such property, equipment or fixtures, in Lessor’s opinion, requires structural modifications or reinforcement of any portion of the Demised Premises or the Building, Lessee agrees to store reimburse Lessor, as additional Rent, for any and all costs incurred by Lessor to make such required modifications or reinforcements, and such modifications or reinforcements shall be completed prior to Lessee installing or locating such equipment or dispose of it fixtures in any manner deemed appropriate by Lessorthe Demised Premises. In such event, Lessee shall pay to reimburse Lessor all expenses incurred by Lessor for such storage or other disposition, which expenses shall be deemed to constitute additional Rent hereunderwithin thirty (30) days of receipt of any statement setting forth those costs.
Appears in 1 contract
Samples: Lease Agreement (Inphonic Inc)
LESSEE'S EQUIPMENT. The Lessee will not install or operate in the Demised Premises any electrically operated equipment or other machinery, other than typewriters, word processing machines, adding machines, radios, televisions, tape recorders, dictaphones, bookkeeping machines, copying machines, clocks, personal computers, servers, office kitchen equipment and other business machines and equipment normally employed for general office use which do not require high electricity consumption (that is, in excess of five (5) wattx xxx rentable square foot) for operation, without first obtaining the prior written consent of Lessor, who may condition such consent upon payment by Lessee of additional rent as compensation for additional consumption of electricity and/or other utility services. Such additional rent shall be in addition to Lessee's obligations, pursuant to the section of this Lease entitled "RENTAL ESCALATION FOR INCREASES IN EXPENSES," to pay its proportionate share of increases in Operating Costs. If any portion or all of Lessee's equipment shall require electricity consumption in excess of the capacity of the electrical system installed by Lessor in the Demised Premises (five (5) wattx xxx rentable square foot), all additional transformers, distribution panels and wiring that may be required to provide the amount of electricity required for Lessee's equipment shall be installed by Lessor at the cost and expense of Lessee. If Lessee's equipment shall cause Lessee's consumption of electricity to exceed an average of five (5) wattx xxx rentable square foot, if any particular item of Lessee's equipment shall consume electricity in excess of five (5) wattx xxx rentable square foot, or if such equipment is to be consistently operated beyond the normal Building hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday, Lessor may install at its option, but at Lessee's sole cost and expense (i) a separate electric meter for the Demised Premises, or (ii) a separate meter for the specific equipment that is causing Lessee's excessive consumption of electricity. In the event Lessor installs a separate meter for the Demised Premises, Lessee shall then pay the cost of electricity it consumes as recorded by such meter directly to the electric company, and an appropriate adjustment as reasonably determined by Lessor will be made to Lessee's proportionate share of Operating Costs to reflect Lessee's reduced consumption of electricity because of such separate metering of the Demised Premises. In the event Lessor separately meters the specific equipment, Lessee shall be billed periodically by Lessor based upon such consumption and no adjustment shall be made to Lessee's proportionate share of Operating Costs nor to the Operating Costs of those tenants not separately metered. Except as shown on Lessee's plans and specifications for its Pre-occupancy Tenant Work as approved by Lessor, and subject to Lessee's obligations with respect to excess utility consumption or other costs in accordance with the provisions of this Lease, Lessee shall not connect install any electrical equipment of any type to kind or nature whatsoever which will or may necessitate any changes, replacements or additions to, or in the use of, the water system, heating system, plumbing system, air-conditioning system, or electrical distribution system of the Demised Premises or the Building without the Lessor's first obtaining prior written consent of Lessor. Business machines and mechanical equipment belonging to Lessee which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Lessor or to any tenant in the Building shall not be unreasonably withheldinstalled and maintained by Lessee, provided at Lessee's expense, on vibration eliminators or other devices sufficient to eliminate such noise and vibration. Lessor understands that Lessee's plans and specifications for its Pre-occupancy Tenant Work may depict the installation of one (1) or two (2) rooftop air handling units (the "Units") to serve a supplemental HVAC system to be installed by Lessee mayin the Demised Premises. In that event, without Lessee shall have the non-exclusive right to install and maintain the Units at a location on the structural roof of the Building to be mutually agreed upon, with the method of installation to be specified in such plans and specifications, it being understood that no roof penetrations which would void Lessor's consent, connect equipment which do not overtax roof warranty or prejudice the electrical system. Lessor does not warrant that the Premises are sufficient or adaptable for the use of computer or word or data processing equipment. Lessee agrees not to connect with water pipes any apparatus using water without consent tight integrity of the Lessor. Lessee shall be permitted to use a copying machine plus any number of computers, typewriters and desk calculators consistent with the leased area without being subject to the utility surcharge hereinafter provided. Lessee shall not be permitted to install any equipment causing a floor load in excess of _________ pounds per square foot. Additional equipment shall only be connected upon written permission of the Lessor which shall not be unreasonably withheld and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. In particular but not exclusively, the following equipment is subject to the surcharge: More than one refrigerator, water coolers, incandescent lighting and any other equipment determined by Lessor in its sole discretion. No cooking or warming up of food (except for microwave) or room heaters roof will be permitted. No device will Lessee shall also be used granted access to existing wetstacks, flues and chases within the Building to run piping and electrical feeds from the Demised Premises to the Units in accordance with Lessee's plans and specifications to be approved by Lessor. Such use of the rooftop space of the Building for the Units and access to existing wetstacks, flues and chases shall be without additional charge or fee payable by Lessee that creates any unreasonable odorto Lessor, except as expressly set forth in this paragraph. Lessee may install or affix shall have sole responsibility for the maintenance, repair and replacement of the Units. Further, the ownership, installation, use maintenance and removal of the Units shall be at Lessee's sole cost and risk. Except to the Premises extent caused by the negligence or willful misconduct of Lessor, its agents, employees or contractors, Lessee agrees to save Lessor harmless from and against all claims, actions, damages, liability and expenses, including reasonable attorney's fees, arising from or relating to the ownership, installation, use and operation, maintenance and repair, and removal of the Units. To insure such equipment and trade fixtures as are reasonably necessary for the conduct indemnity, all of Lessee's business operation therein with insurance policies required under this Lease shall, if reasonably requested by Lessor, include the Lessor's prior written consent; and upon Units as an insured risk. Upon the expiration or earlier termination of the Lease for any reason other than Lessee's default, Lessee may remove the same provided that after such removal Lessee restores the Premises at Lessee's expense to the same condition as existed prior to the installation of such equipment and fixtures. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings or other appurtenants attached to the floor or any part of the Premises by Lessee shall at the termination of the Lease or any renewal thereof, remain the property of Lessor and shall not be removed unless Lessor requests Lessee to remove same. Lessee shall promptly pay and discharge and shall indemnify and hold Lessor harmless of and from, all tangible property taxes and assessments now or hereafter taxed, assessed, imposed or levied by any lawful authority against or upon any fixtures, equipment, or personal property located in the Premises which shall not be unreasonably withheld during the term of this Lease. , Lessee shall not store remove any Units then installed, and repair in a good and workmanlike manner any portion of the Building or maintain the roof damaged by such removal. In the event Lessee fails to so remove the Units, Lessor may remove and dispose of the Units, at Lessee's cost and expense, without liability for any equipment, boxes property of Lessee or other containers in the hallways any third party so disposed of or other common areas inside or outside the Buildingremoved by Lessor. Lessor shall have the right to remove any such prescribe the weight and position of all heavy equipment and fixtures, including, but not limited to, data processing equipment, boxes or containers after one (1)hour notice to Lesseerecord and file systems, and safes which Lessee intends to store install or locate within the Demised Premises. Lessee shall obtain Lessor's prior review and approval (which approval shall not be unreasonably withheld, conditioned or delayed) before installing or locating heavy equipment and fixtures in the Demised Premises, and if installation or location of such equipment or dispose fixtures, in Lessor's opinion, requires structural modifications or reinforcement of any portion of the Demised Premises or the Building, and Lessor elects to make such structural modifications or reinforcement, it being understood that Lessor shall have no obligation to do so, Lessee agrees to pay to Lessor any and all costs incurred by Lessor to make such required modifications or reinforcements, and such modifications or reinforcements shall be completed prior to Lessee installing or locating such equipment or fixtures in any manner deemed appropriate the Demised Premises. Lessee shall pay one-half (1/2) of said costs upon its approval of the cost estimates therefor and the entire remaining balance of such costs when the work is complete as determined by Lessor's architect and/or engineer. In such eventSubject to the following terms and conditions, Lessee shall pay have the non-exclusive right to install an emergency generator (the "Generator") at a location on the structural roof of the Building to be mutually agreed upon. Such use of the rooftop space of the Building for the Generator shall be subject to the payment by Lessee to Lessor all expenses incurred of an annual license fee in the amount of One Thousand Five Hundred and 00/100 Dollars ($1,500.00), subject to annual escalations equal to two and one-half percent (2-1/2%) of the license fee payable for the immediately preceding yearly period, payable upon the date of installation of the Generator and on each anniversary thereof during the term of this Lease, the payment of which shall constitute additional rent hereunder. The Generator shall be fueled by connection to the existing diesel fuel supply line running from a 550 gallon fuel storage tank on the P-4 level of the Building to Lessor's emergency generator for the Building also located on the structural roof of the Building. Lessor shall maintain the said fuel storage tank as an Operating Expense, but Lessor and Lessee shall reasonably and in good faith endeavor to agree upon an equitable proration of the costs of any diesel fuel actually consumed in the operation of the Generator and Lessor's emergency generator for the Building. Prior to installation of the Generator, Lessee shall deliver to Lessor for such storage or other dispositionits approval, which expenses approval shall not be unreasonably withheld or delayed, (i) a description of the precise Generator Lessee desires to install, including complete technical and design specifications, and the method of installation, it being understood that no roof penetrations which would void Lessor's roof warranty or prejudice the water tight integrity of the roof will be permitted, (ii) the proposed roof location of the Generator, and (iii) such other information as Lessor may reasonably request. Lessee shall be deemed responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state or local government for the installation and operation of the Generator and pay all fees attendant thereto; and Lessee shall have the sole responsibility for the maintenance, repair and replacement of the Generator. Further, the ownership, installation, use, maintenance and removal of the Generator shall be at Lessee's sole cost and risk. Except to constitute additional Rent hereunderthe extent caused by the negligence or willful misconduct of Lessor, its agents, employees or contractors, Lessee agrees to save Lessor harmless from and against all claims, actions, damages, liability and expenses, including reasonable attorney's fees, arising from or relating to the ownership, installation, use and operation, maintenance and repair, and removal of the Generator. To insure such indemnity, all of Lessee's insurance policies required under this Lease shall include the Generator as an insured risk. Upon the expiration or earlier termination of the term of this Lease, Lessee shall remove any Generator then installed, and repair in a good workmanlike manner any portion of the Building or the roof damaged by such removal. In the event Lessee fails to so remove the Generator, Lessor may remove and dispose of the Generator, at Lessee's cost and expense, without liability for any property of Lessee or any third party so disposed of or removed by Lessor.
Appears in 1 contract
Samples: Office Lease (Costar Group Inc)
LESSEE'S EQUIPMENT. The (A) Lessee shall will not connect install or operate in the Demised Premises any electrical electrically operated equipment of any type to or other machinery, other than typewriters, word processing machines, personal desk top computers, adding machines, radios, televisions, tape recorders, dictaphones, bookkeeping machines, copying machines, clocks, and other business machines and equipment normally employed for general office use which do not require high electricity consumption for operation, without first obtaining the electrical distribution system without the Lessor's prior written consent which shall not be unreasonably withheldof Lessor, provided that the who may condition such consent upon payment by Lessee may, without the Lessor's consent, connect equipment which do not overtax the electrical systemof additional rent as compensation for additional consumption of electricity and/or other utility services. Lessor does not warrant that the Premises are sufficient or adaptable for the use of computer or word or data processing equipment. Lessee agrees not to connect with water pipes any apparatus using water without consent of the Lessor. Lessee Such additional rent shall be permitted in addition to use a copying machine plus any number of computersLessee's obligations, typewriters and desk calculators consistent with the leased area without being subject pursuant to the utility surcharge hereinafter providedSection of this Lease entitled. Lessee shall not be permitted "OPERATING EXPENSES, OPERATING COSTS AND REAL ESTATE TAXES," to install pay its proportionate share of increases in Operating Costs. If any or all of Lessee's equipment causing a floor load requires electricity consumption in excess of _________ pounds per square foot. Additional equipment shall only be connected upon written permission the capacity of the Lessor which shall not be unreasonably withheld and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. In particular but not exclusively, the following equipment is subject to the surcharge: More than one refrigerator, water coolers, incandescent lighting and any other equipment determined system installed by Lessor in its sole discretionthe Demised Premises, all additional transformers, distribution panels and wiring that may be required to provide the amount of electricity required for Lessee's equipment shall be installed by Lessor at the cost and expense of Lessee. No cooking If Lessee's equipment causes Lessee's consumption of electricity to exceed an average of five (5) xxxxx per rentable square foot, or warming up if such equipment is to be consistently operated beyond the normal Building hours of food (except for microwave) or room heaters will be permitted. No device will be used by Lessee that creates any unreasonable odor. Lessee 8: 00 a. m. to 8: 00 p. in., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturday, Lessor may install or affix to the Premises such equipment and trade fixtures as are reasonably necessary at its option (i) a separate electric meter for the conduct of Lessee's business operation therein with the Lessor's prior written consent; and upon termination of the Lease for any reason other than Lessee's default, Lessee may remove the same provided that after such removal Lessee restores the Demised Premises at Lessee's expense to the same condition as existed prior to the installation of such equipment sole cost and fixtures. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings or other appurtenants attached to the floor or any part of the Premises by Lessee shall at the termination of the Lease or any renewal thereof, remain the property of Lessor and shall not be removed unless Lessor requests Lessee to remove same. Lessee shall promptly pay and discharge and shall indemnify and hold Lessor harmless of and from, all tangible property taxes and assessments now or hereafter taxed, assessed, imposed or levied by any lawful authority against or upon any fixtures, equipmentexpense, or personal property located in (ii) a separate meter for the Premises which shall not be unreasonably withheld during the term specific equipment that is causing Lessee's excessive consumption of this Lease. Lessee shall not store or maintain any equipment, boxes or other containers in the hallways or other common areas inside or outside the Building. Lessor shall have the right to remove any such equipment, boxes or containers after one (1)hour notice to electricity at Lessee, 's sole cost and to store such equipment or dispose of it in any manner deemed appropriate by Lessorexpense. In such eventthe event Lessor installs a separate meter for the Demised Premises, Lessee shall then pay the cost of electricity it consumes as recorded by such meter directly to the electric company, and an appropriate adjustment shall be made to Lessee's proportionate share of Operating Costs to reflect Lessee's reduced consumption of electricity because of such separate metering of the Demised Premises. In the event Lessor all expenses incurred separately meters the specific equipment, Lessee shall be billed periodically by Lessor for based upon such storage or other disposition, which expenses consumption and no adjustment shall be deemed made to constitute additional Rent hereunderLessee's proportionate share of Operating Costs.
Appears in 1 contract
Samples: Office Lease (Hagler Bailly Inc)
LESSEE'S EQUIPMENT. The Lessee shall not connect any electrical equipment of any type to the electrical distribution system without the Lessor's ’s prior written consent, which consent which shall not be unreasonably withheld, provided that the Lessee may, without the Lessor's ’s consent, connect equipment which do not overtax the electrical system. Lessor does not warrant that the Premises are sufficient or adaptable for the Lessee’s use of computer electrical services furnished by Lessor shall not exceed, either in voltage, rated capacity or word overall load, that which Lessor in its reasonable discretion determines, from time to time, is necessary for normal office use, including normal desk-top office equipment and normal copying equipment; without being subject to the utility surcharge hereinafter provided. In the event Lessee shall request that it be allowed to consume, or data processing equipmentactually does consume electrical services in excess of that so determined by Lessor to be reasonable, Lessor may refuse to consent to or to continue such usage or may consent to such usage upon such conditions as Lessor elects including the requirement that upgraded supply facilities, panels and/or sub-meters be installed at Lessee’s expense. Lessee agrees not to connect with water pipes any apparatus using water without consent of the Lessor. Lessee shall be permitted to use a copying machine plus any number of computers, typewriters and desk calculators consistent with the leased area without being subject to the utility surcharge hereinafter provided. Lessee shall not be permitted to install any equipment causing a floor load in excess of _________ pounds per square foot. Additional equipment shall only be connected upon written permission of the Lessor which shall not be unreasonably withheld and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. In particular but not exclusivelyExcept within Lessee’s breakroom, the following equipment is subject to the surcharge: More than one refrigerator, water coolers, incandescent lighting and any other equipment determined by Lessor in its sole discretion. No no cooking or warming up of food (except for microwave) or room heaters will be permitted. No device will be used by Lessee that creates any unreasonable odor. Lessee shall not be permitted to install any equipment causing a floor load in excess of eighty pounds (80) pounds per square foot. Lessor may, in its sole discretion, grant the Lessee the right to exceed the floor loading capacity stated above in certain portions of the building. Lessee may install or affix to the Premises such equipment and trade fixtures as are reasonably necessary for the conduct of Lessee's ’s business operation therein with the Lessor's ’s prior written consent; and upon termination of the Lease for any reason other than Lessee's default, Lessee may from time to time remove the same provided that after such removal Lessee restores any damage the Premises occasioned thereby at Lessee's expense to the same condition as existed prior to the installation of such equipment and fixtures’s expense. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings or other appurtenants appurtenance attached to the floor or any part of the Premises by Lessee shall at the termination of the Lease or any renewal thereof, remain the property of Lessor and shall not be removed unless Lessor by notice to Lessee no later than sixty (60) days prior to the date fixed as the termination of this Lease or immediately upon any event of earlier termination, requests Lessee to remove same. Lessee shall promptly pay and discharge and shall indemnify and hold Lessor harmless of and from, all tangible property taxes and assessments now or hereafter taxed, assessed, imposed or levied by any lawful authority against or upon any fixtures, equipment, or personal property located in the Premises which shall not be unreasonably withheld during the term of this Lease. Lessee shall not store or maintain any equipment, boxes or other containers in the hallways or other common areas inside or outside the Building. Lessor shall have the right to remove any such equipment, boxes or containers after one (1)hour 1) hour notice to Lessee, Lessee and to store such equipment or dispose of it in any manner deemed appropriate by Lessor. In such event, Lessee shall pay to Lessor all expenses incurred by Lessor for such storage or other disposition, which expenses shall be deemed to constitute additional Rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Ameripath Inc)
LESSEE'S EQUIPMENT. The Except as provided below, Lessee shall will not connect install or operate in the Demised Premises any electrical electrically operated equipment of any type to or other machinery, other than typewriters, word processing machines, adding machines, radios, televisions, tape recorders, dictaphones, bookkeeping machines, copying machines, clocks, and other business machines and equipment normally employed for general office use which do not require high electricity consumption for operation, without first obtaining the electrical distribution system without the Lessor's prior written consent of Lessor, who may condition such consent upon payment by Lessee of additional rent as compensation for additional consumption of electricity and/or other utility services. In connection with Lessee's provision of telecommunications and/or internet services from the Demised Premises, which shall not be unreasonably withheld, provided that the Lessee mayinclude, without limitation, the Lessorinstallation, operation, maintenance and replacement of communications and switch equipment and facilities and various computer facilities consistent with the power consumption capabilities on Lessee's consentfloors. At Lessee's sole cost and expense, connect equipment which do not overtax the electrical system. including all maintenance and replacements thereof, and following written approval by Lessor does not warrant that the Premises are sufficient or adaptable for the use of computer or word or data processing equipment. Lessee agrees not to connect with water pipes any apparatus using water without consent of the plans and specification relating thereto, Lessee shall be entitled to install: a fire suppression system to be selected by Lessee and /or modify the existing Building sprinkler system servicing the Demised Premises to a dry pipe double reaction system installed in such a way as to be approved by state and local jurisdictions and not violate the integrity or warranty of the existing system; a battery backup system; an electrical grounding system; two (2) four inch (4") conduits risers from the Building telecommunications room to the Demised Premises; pathway sufficient to support two (2) rooftop antennas and other rooftop equipment as may be approved by Lessor; telecommunication wiring and cabling between adjoining portions of the demised premises; subject to available pathway, telecommunication wiring and cabling to non contiguous portions of the Demised Premises not occupied by the Lessee. Lessee shall be permitted entitled, if required for continuous uninterrupted telecommunications services, and without additional charge beyond that of the cost of a parking space (as set forth in Section 37 hereof) should such location require a space, to use a copying machine plus any number limited area in the garage, garage exterior or roof, the location of computerswhich to be reasonably determined by Lessor, typewriters for the purpose of installing supplemental HVAC and/or an emergency power generator (with appropriate conduit, wiring and desk calculators consistent cabling), all work to be furnished and installed, maintained and replaced at Lessee's sole cost and expense. Lessee may conduct periodic tests (e.g. once per week) of the emergency power generator at such times as to not hinder or interfere with other tenants in the leased area without being building. Lessor shall at no cost or expense to Lessor reasonably cooperate with Lessee in the event, during the course of this Lease, Lessee shall require additional HVAC, emergency power generation or additional power at Lessee's sole cost and expense and subject to availability of space, capacity, and impact upon existing tenants. Lessor shall advise Lessee of any cost or expense of which Lessor intends to seek reimbursement from Lessee prior to incurring same. Any auxiliary air-conditioning equipment which Lessee may desire to install in the utility surcharge hereinafter providedDemised Premises shall be attached to the Building's commercial condenser water system, if available, and Lessee shall pay to Lessor such reasonable charges as established from time to time for such use. Nothing contained in this section 15 requiring particular items to be at the sole cost or expense of Lessee shall be deemed to preclude use by Lessee of the initial construction allowance and/or additional construction allowance (both allowances of which are described in Section 65 of this Agreement) toward such costs. If any or all of Lessee's equipment requires electricity consumption in excess of the capacity of the electrical system installed by Lessor in the Demised Premises, all additional transformers, distribution panels and wiring that may be required to provide the amount of electricity required for Lessee's equipment shall be installed by Lessor at the cost and expense of Lessee. If Lessee's equipment causes Lessee's consumption of electricity (exclusive of the ceiling lights and power to supply the Building's HVAC to the Demised Premises) to exceed an average of five (5) xxxxx per rentable square foot, or if such equipment is to be consistently operated beyond the normal Building hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturday, excepting holidays as hereafter set forth, Lessor may install at its option a separate meter for the specific equipment that is causing Lessee's excessive consumption of electricity at Lessee's sole cost and expense. In the event Lessor installs a separate meter for the specific equipment, Lessee shall then pay the cost of electricity it consumes as recorded by such meter directly to the electric company. No adjustment shall be made in Lessee's rent. Lessee shall not be permitted to install any equipment causing a floor load of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to, or in excess of _________ pounds per square foot. Additional equipment shall only be connected upon written permission the excessive use of, the water system, heating system, plumbing system, air- conditioning system, or electrical system of the Demised Premises or the Building without first obtaining the prior written consent of Lessor. Lessor which shall not unreasonably withhold, delay or condition its consent hereunder. Business machines and mechanical equipment belonging to Lessee which cause noise or vibration that may be unreasonably withheld and transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Lessor or to any tenant in the Building shall be subject to an electrical service surcharge in an amount determined installed and maintained by the Lessor upon the grant of permission. In particular but not exclusivelyLessee, the following equipment is subject to the surcharge: More than one refrigerator, water coolers, incandescent lighting and any other equipment determined by Lessor in its sole discretion. No cooking or warming up of food (except for microwave) or room heaters will be permitted. No device will be used by Lessee that creates any unreasonable odor. Lessee may install or affix to the Premises such equipment and trade fixtures as are reasonably necessary for the conduct of Lessee's business operation therein with the Lessor's prior written consent; and upon termination of the Lease for any reason other than Lessee's default, Lessee may remove the same provided that after such removal Lessee restores the Premises at Lessee's expense to the same condition as existed prior to the installation of such equipment and fixtures. It is understood and agreedexpense, however, that any floor coverings, window treatments, wall coverings on vibration eliminators or other appurtenants attached devices sufficient to the floor or any part of the Premises by Lessee shall at the termination of the Lease or any renewal thereof, remain the property of Lessor materially eliminate such noise and shall not be removed unless Lessor requests Lessee to remove same. Lessee shall promptly pay and discharge and shall indemnify and hold Lessor harmless of and from, all tangible property taxes and assessments now or hereafter taxed, assessed, imposed or levied by any lawful authority against or upon any fixtures, equipment, or personal property located in the Premises which shall not be unreasonably withheld during the term of this Lease. Lessee shall not store or maintain any equipment, boxes or other containers in the hallways or other common areas inside or outside the Buildingvibration. Lessor shall have the right to remove any such prescribe the weight and position of all heavy equipment and fixtures, including, but not limited to, data processing equipment, boxes record and file system and safes which Lessee intends to install or containers after one (1)hour notice to Lesseelocate within the Demised Premises. Lessor shall not unreasonably withhold, delay or condition its consent hereunder. Lessee shall obtain Lessor's prior review and approval before installing or locating heavy equipment and fixtures in the Demised Premises, and to store if installation or location of such equipment or dispose fixtures, in Lessor's opinion, requires structural modifications or reinforcement of it in any manner deemed appropriate by Lessor. In such eventportion of the Demised Premises or the Building, Lessee shall pay agrees to Lessor reimburse Lessor, as additional rent, for any and all expenses costs incurred by Lessor for to make such storage required modifications or other dispositionreinforcements, which expenses and such modifications or reinforcements shall be deemed completed prior to constitute additional Rent hereunderLessee installing or locating such equipment or fixtures in the Demised Premises. Lessee shall reimburse Lessor within thirty (30) days of receipt of any statement setting forth those costs.
Appears in 1 contract
Samples: Office Lease (Cais Internet Inc)