Common use of LESSEE'S EQUIPMENT Clause in Contracts

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 consent shall not be unreasonably withheld, provided that the Lessee may, without the Lessor’s consent, connect equipment which do not overtax the electrical system. Lessee’s use of electrical services furnished by Lessor shall not exceed, either in voltage, rated capacity or 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 actually 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. Additional equipment shall only be connected upon written permission of the Lessor and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. Except within Lessee’s breakroom, no cooking or warming up of food or room heaters will be permitted. No device will be used by Lessee that creates any 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 business operation therein with the Lessor’s prior written consent; and 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. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings or other 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 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

Samples: Lease Agreement (Ameripath Inc)

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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 the electrical distribution system without the Lessor’s prior written consentor other machinery, which consent shall not be unreasonably withheldother than typewriters, provided that the Lessee mayword processing machines, without the Lessor’s consentadding machines, connect 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 overtax require high electricity consumption for operation, without first obtaining the electrical systemprior 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 use 's provision of electrical telecommunications and/or internet services furnished from the Demised Premises, which shall include, without limitation, the installation, operation, maintenance and replacement of communications and switch equipment and facilities and various computer facilities consistent with the power consumption capabilities on Lessee's floors. At Lessee's sole cost and expense, including all maintenance and replacements thereof, and following written approval by Lessor 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 exceedviolate 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, either telecommunication wiring and cabling to non contiguous portions of the Demised Premises not occupied by the Lessee. Lessee shall be 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 voltageSection 37 hereof) should such location require a space, rated capacity to a limited area in the garage, garage exterior or overall loadroof, that the location of which to be reasonably determined by Lessor, for the purpose of installing supplemental HVAC and/or an emergency power generator (with appropriate conduit, wiring and 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 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 its the Demised Premises shall be attached to the Building's commercial condenser water system, if available, and Lessee shall pay to Lessor such reasonable discretion determines, charges as established from time to timetime 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, is necessary all additional transformers, distribution panels and wiring that may be required to provide the amount of electricity required for normal office use, including normal desk-top office Lessee's equipment shall be installed by Lessor at the cost and normal copying equipment; without being subject 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 utility surcharge hereinafter providedDemised 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 request that then pay the cost of electricity it be allowed consumes as recorded by such meter directly to consume, or actually 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 expenseelectric company. Lessee agrees not to connect with water pipes any apparatus using water without consent of the Lessor. Additional equipment shall only be connected upon written permission of the Lessor and No adjustment shall be subject to an electrical service surcharge made in an amount determined by the Lessor upon the grant of permission. Except within Lessee’s breakroom, no cooking or warming up of food or room heaters will be permitted. No device will be used by Lessee that creates any odor'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 the excessive use of, the water system, heating system, plumbing system, air- conditioning system, or electrical system of eighty pounds (80) pounds per square footthe Demised Premises or the Building without first obtaining the prior written consent of Lessor. Lessor mayshall not unreasonably withhold, in delay or condition its sole discretion, grant consent hereunder. Business machines and mechanical equipment belonging to Lessee which cause noise or vibration that may be transmitted to the Lessee the right to exceed the floor loading capacity stated above in certain portions structure of the building. Lessee may install Building or affix to any space therein to such a degree as to be objectionable to Lessor or to any tenant in the Premises such equipment Building shall be installed and trade fixtures as are reasonably necessary for the conduct of maintained by Lessee’s business operation therein with the Lessor’s prior written consent; and 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 's expense. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings on vibration eliminators or other appurtenance 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 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 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 locate within the Demised Premises. Lessor shall not unreasonably withhold, delay or condition its consent hereunder. Lessee shall obtain Lessor's prior review and to store 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

Samples: Office Lease (Cais Internet 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 the electrical distribution system without the Lessor’s prior written consentor other machinery, which consent shall not be unreasonably withheldother than typewriters, provided that the Lessee maypersonal computers, without the Lessor’s consentLAN servers, connect 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 overtax require high electricity consumption 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, "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 capacity of the electrical system. Lessee’s use of electrical services furnished 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 not exceedbe 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, either in voltageor if such equipment is to be consistently operated beyond the normal Building hours of 8:00 a.m. to 8:00 p.m., rated capacity Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, Lessor at its option may install (i) a separate electric meter for the Demised Premises at Lessee's sole cost and expense, or overall load, (ii) a separate meter for the specific equipment that which Lessor in its reasonable discretion determines, from time to time, is necessary for normal office use, including normal desk-top office equipment causing Lessee's excessive consumption of electricity at Lessee's sole cost and normal copying equipment; without being subject to the utility surcharge hereinafter providedexpense. In the event Lessor installs a separate meter for the Demised Premises, Lessee shall request that then pay the cost of electricity it consumes as recorded by such meter directly to the electric company, and an appropriate adjustment shall be allowed made to consumeLessee'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, or actually does consume electrical services in excess of that so determined Lessee shall be billed periodically by Lessor to be reasonable, Lessor may refuse to consent to or to continue such usage or may consent to such usage based upon such conditions as Lessor elects including the requirement that upgraded supply facilitiesconsumption, 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. Additional equipment shall only be connected upon written permission of the Lessor and but no adjustment shall be subject made to an electrical service surcharge in an amount determined by the Lessor upon the grant Lessee's proportionate share of permission. Except within Lessee’s breakroom, no cooking or warming up of food or room heaters will be permitted. No device will be used by Lessee that creates any odorOperating 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 eighty pounds (80) pounds per square foot. Lessor maythe use of, in its sole discretionthe water system, grant the Lessee the right to exceed the floor loading capacity stated above in certain portions heating system, plumbing system, air-conditioning system, or electrical system of the buildingDemised Premises or the Building without first obtaining the prior written consent of Lessor, such consent not to be unreasonably withheld. Business machines and mechanical equipment belonging to Lessee which cause noise or vibration that may install or affix be transmitted to the Premises structure of the Building or to any space therein to such equipment a degree as to be reasonably objectionable to Lessor or to any tenant in the Building shall be installed and trade fixtures as are reasonably necessary for the conduct of maintained by Lessee’s business operation therein with the Lessor’s prior written consent; and 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 's expense. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings on vibration eliminators or other appurtenance 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 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 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 record and file systems, and safes which Lessee intends to install or containers after one (1) hour notice to locate within the Demised Premises. Lessee shall obtain Lessor's prior review and to store 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

Samples: Real Estate Services (Charles River Associates 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, consent which consent 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. Lessee’s Lessor does not warrant that the Premises are sufficient or adaptable for the use of electrical services furnished by Lessor shall not exceed, either in voltage, rated capacity computer or 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 word or data processing equipment; without being subject to the utility surcharge hereinafter provided. In the event Lessee shall request that it be allowed to consume, or actually 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. Except within Lessee’s breakroomIn particular but not exclusively, no 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 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'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 appurtenance 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 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 (Top Source Technologies Inc)

LESSEE'S EQUIPMENT. The (A) Lessee will not install or operate in the Demised Premises any electrically operated equipment 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 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 not connect be in addition to Lessee's other obligations under this Lease to pay any costs specified elsewhere in this Lease. If any or all of Lessee's equipment requires electricity consumption in excess of the capacity of the electrical equipment of any type system existing in the Demised Premises, and if Lessor consents to the electrical installation of such equipment, then all additional transformers, distribution system without panels and wiring that may be required to provide the Lessor’s prior written consentamount of electricity required for Lessee's equipment shall be installed, which consent shall not be unreasonably withheldif reasonably feasible, provided that the Lessee may, without the Lessor’s consent, connect equipment which do not overtax the electrical system. Lessee’s use of electrical services furnished by Lessor shall not exceedat the cost and expense of Lessee. If Lessee's equipment causes Lessee's consumption of electricity to exceed the Building standard amount provided by Lessor (as determined by Lessor), either in voltageor if such equipment is to be consistently operated beyond the normal Building hours of 8:00 a.m. to 6:00 p.m., rated capacity Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturday, Lessor 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 is causing Lessee's excessive consumption of electricity; or overall load, that which Lessor in its reasonable discretion determines, from time iii) determine the equitable amount to time, is necessary be charged to Lessee for normal office use, including normal desk-top office equipment and normal copying equipment; without being subject to the utility surcharge hereinafter providedsuch excessive consumption of electricity. In the event Lessee shall request that it be allowed to consume, or actually 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. Additional equipment shall only be connected upon written permission of the Lessor and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. Except within Lessee’s breakroom, no cooking or warming up of food or room heaters will be permitted. No device will be used by Lessee that creates any odor. Lessee shall not be permitted to install any equipment causing installs 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 separate meter for the conduct of Lessee’s business operation therein with the Lessor’s prior written consent; and 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. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings or other 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 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 eventDemised Premises, Lessee shall then pay the cost of electricity it consumes as recorded by such meter directly to the electric company. In the event Lessor all expenses incurred separately meters the specific equipment or in the event Lessor itself determines the equitable amount to be charged to Lessee as aforesaid, Lessee shall be billed periodically by Lessor for based upon such storage or other disposition, which expenses shall be deemed to constitute additional Rent hereunderexcessive consumption.

Appears in 1 contract

Samples: Lease Agreement (Inphonic Inc)

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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 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 system of the Demised Premises or the Building without 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 be installed and maintained by Lessee, 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 in the Demised Premises. In that event, 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 roof warranty or prejudice the water tight integrity of the roof will be permitted. Lessee shall also be granted access to existing wetstacks, flues and chases within the Building to run piping and electrical distribution system without feeds from the Demised Premises to the Units in accordance with Lessee's plans and specifications to be approved by Lessor’s prior written consent, which consent shall not be unreasonably withheld, provided that the Lessee may, without the Lessor’s consent, connect equipment which do not overtax the electrical system. Lessee’s Such use of electrical services furnished 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 to Lessor, except as expressly set forth in this paragraph. Lessee 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 extent caused by the negligence or willful misconduct of Lessor, its agents, employees or contractors, Lessee agrees to save Lessor shall not exceedharmless from and against all claims, either in voltageactions, rated capacity or overall loaddamages, that which Lessor in its reasonable discretion determines, from time to time, is necessary for normal office useliability and expenses, including normal desk-top office equipment and normal copying equipment; without being subject reasonable attorney's fees, arising from or relating to the utility surcharge hereinafter providedownership, installation, use and operation, maintenance and repair, and removal of the Units. To insure such indemnity, all of Lessee's insurance policies required under this Lease shall, if reasonably requested by Lessor, include the Units as an insured risk. Upon the expiration or earlier termination of the term of this Lease, Lessee shall remove any Units then installed, and repair in a good and workmanlike manner any portion of the Building or the roof damaged by such removal. In the event Lessee shall request that it be allowed fails to consume, or actually does consume electrical services in excess of that so determined by Lessor to be reasonableremove the Units, Lessor may refuse to consent to or to continue such usage or may consent to such usage upon such conditions as Lessor elects including remove and dispose of the requirement that upgraded supply facilitiesUnits, panels and/or sub-meters be installed at Lessee’s 's cost and expense. , without liability for any property of Lessee agrees not to connect with water pipes any apparatus using water without consent of the Lessor. Additional equipment shall only be connected upon written permission of the Lessor and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. Except within Lessee’s breakroom, no cooking or warming up of food or room heaters will be permitted. No device will be used by Lessee that creates any 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 business operation therein with the Lessor’s prior written consent; and 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. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings or other appurtenance attached to the floor or any part third party so disposed of the Premises or removed 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 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 BuildingLessor. 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 systems, and safes which Lessee intends to install or containers after one locate within the Demised Premises. Lessee shall obtain Lessor's prior review and approval (1which approval shall not be unreasonably withheld, conditioned or delayed) hour notice to Lessee before installing or locating heavy equipment and to store 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 will not install or operate in the Demised Premises any electrically operated equipment 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 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 not connect be in addition to Lessee’s other obligations under this Lease to pay any costs specified elsewhere in this Lease. If any or all of Lessee’s equipment requires electricity consumption in excess of the capacity of the electrical equipment of any type system existing in the Demised Premises, and if Lessor consents to the electrical installation of such equipment, then all additional transformers, distribution system without panels and wiring that may be required to provide the Lessor’s prior written consent, which consent shall not be unreasonably withheld, provided that the Lessee may, without the Lessor’s consent, connect equipment which do not overtax the electrical system. amount of electricity required for Lessee’s use of electrical services furnished equipment shall be installed, if reasonably feasible, by Lessor shall not exceedat the cost and expense of Lessee. If Lessee’s equipment causes Lessee’s consumption of electricity to exceed the Building standard amount provided by Lessor (as determined by Lessor), either in voltageor if such equipment is to be consistently operated beyond the normal Building hours of 8:00 a.m. to 6:00 p.m., rated capacity Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturday, Lessor 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 is causing Lessee’s excessive consumption of electricity; or overall load, that which Lessor in its reasonable discretion determines, from time iii) determine the equitable amount to time, is necessary be charged to Lessee for normal office use, including normal desk-top office equipment and normal copying equipment; without being subject to the utility surcharge hereinafter providedsuch excessive consumption of electricity. In the event Lessor installs a separate meter for the Demised Premises, Lessee shall request that it be allowed then pay the cost of such excessive consumption of electricity as recorded by such meter directly to consume, or actually 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. Additional In the event Lessor separately meters the specific equipment shall only or in the event Lessor itself determines the equitable amount to be connected upon written permission of the Lessor and shall be subject to an electrical service surcharge in an amount determined by the Lessor upon the grant of permission. Except within Lessee’s breakroom, no cooking or warming up of food or room heaters will be permitted. No device will be used by Lessee that creates any 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 business operation therein with the Lessor’s prior written consent; and 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. It is understood and agreed, however, that any floor coverings, window treatments, wall coverings or other 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 charged 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 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 eventaforesaid, Lessee shall pay to Lessor all expenses incurred be billed periodically by Lessor for based upon such storage or other disposition, which expenses shall be deemed to constitute additional Rent hereunderexcessive consumption.

Appears in 1 contract

Samples: Lease Agreement (Inphonic Inc)

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