Overstandard Tenant Use. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to the extent no previously installed, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.
Appears in 4 contracts
Samples: Sublease (Reddit, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord§ prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear end tear on existing equipment , caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for at least twenty-four (24) hours prior written notice or such other notice as Landlord shall from time to time establish as appropriate (which other notice is anticipated to be accomplished through telephonic dial-up and/or access via computer codes), of Tenant's desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, such hourly cost shall be equal to (A) the actual cost of supplying chilled water and gas incurred by Landlord to the Premises during nonsupply such after-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants hours HVAC on an hourly basis (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation but based on a [***] hour minimum provision of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC), (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) maintenance costs, and (iii) Tenant shall pay such cost within ten (10) days after billing, as Additional Rent.
Appears in 3 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal office machines; or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, water or heat or air conditioning (other than through Tenant's Supplemental Roof HVAC Equipment described in Section 6.7 below) in excess of that supplied by Landlord -Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within thirty (30) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord prior notice (which notice shall be accomplished through telephonic dial-up and/or via electronic mail), of Tenant's desired use, (ii) Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish based on the After-Hours HVAC Calculation (as defined below), and (iii) Tenant shall pay such cost within thirty (30).days after billing, as Additional Rent. .The hourly cost payable by Tenant for such after-hours HVAC shall be equal to (A) the actual cost of supplying chilled water and gas incurred by Landlord to the Premises during nonsupply such after-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants hours HVAC on an hourly basis (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation but based on a [***] hour minimum provision of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC), (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) maintenance costs (collectively, the "After-Hours HVAC Calculation"), the methodology of which After-Hours HVAC Calculation is more particularly described in Exhibit L; provided, however that the [***] hour minimum described above shall not apply to after-hours HVAC that is used by Tenant immediately following the time that Landlord is required to supply HVAC to Tenant during Business Hours.
Appears in 3 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines (Energy Star photocopiers and computer printers excepted), machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, howeverinstallation and if it does, Tenant shall have the right, subject be responsible for upgrading same at its sole cost and expense. Subject to the terms of Article 8Section 29.31, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; provided(other than personal computers and local area networks), however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning or overhead lighting during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior Notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 3 contracts
Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.31, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 3 contracts
Samples: Office Lease (BrightSource Energy Inc), Office Lease (Motricity Inc), Office Lease (Motricity Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.26, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 2 contracts
Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the Building's air conditioning system. In addition, Tenant shall not use electricity or water in the Premises in excess of the capacity of the electricity and water systems and equipment serving the Building; if Tenant desires to use, electricity, water, HVAC or any other utilities supplied to the Building in quantities that exceed the capacity of the equipment supplying the same to the Building, then, subject to applicable Laws, and subject to Landlord's approval, which shall not be unreasonably withheld, conditioned or delayed, Tenant may, at Tenant's sole cost and expense, install such supplemental equipment as may be reasonably required to provide such excess capacity. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billingwithin thirty (30) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within thirty (30) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant's desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish; such hourly cost shall be determined on a per floor basis and shall equal the sum of (1) the actual cost of supplying chilled water the utilities consumed to provide such after hours HVAC, plus a three and gas one-half percent (3.5%) surcharge on such consumption costs to the Premises during non-Building Hours at cover Landlord's administrative costs, (2) the actual rates cost of the increased wear and tear and depreciation on equipment to provide such after hours HVAC, and (3) the actual cost of maintenance reasonably allocable thereto, and (iii) Tenant shall pay such cost within thirty (30) days after billing, as additional rent; provided, however, from and after the Must-Take Space Commencement Date when Tenant will be leasing the entire rentable square feet of the Building, Tenant will not be charged by or responsible for reimbursing Landlord for the utilitiescost of any after-hours HVAC use, which cost shall be equitably prorated among all Building occupants (other than the Bankcost of electricity consumed in connection therewith and other than the cost described in clause (2) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of hereinabove resulting from such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACuse.
Appears in 2 contracts
Samples: Nondisturbance and Attornment Agreement (Websense Inc), Nondisturbance and Attornment Agreement (Websense Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billingwithin thirty (30) days after receipt of invoice, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on within thirty (30) days after written demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual at least four (4) hours prior notice of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost of supplying chilled water and gas per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Notwithstanding any provision to the Premises during non-Building Hours at the actual rates charged by the utilitiescontrary contained in this Lease, Tenant shall, within thirty (30) days after receipt of invoice, pay to Landlord, Landlord’s standard charge for any services provided to Tenant which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject Landlord is not specifically obligated to provide to Tenant pursuant to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part terms of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACthis Lease.
Appears in 2 contracts
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billingwithin thirty (30) days of following billing (which shall be accompanied by a documented invoice therefor), the actual cost of such excess utility consumption without xxxx-up; additionally, if, in connection with such excess consumption, Landlord determines that additional equipment is necessary to supply such excess consumption, Landlord shall notify Tenant and the parties shall mutually confer, in good faith, in an effort to determine the most cost-effective method of mitigating Tenant’s utility consumption and/or serving Tenant’s utility needs. If it is determined following such joint consultation that additional equipment is necessary, Tenant shall bear the cost of the installation, operation, and maintenance of any such equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demandwithin thirty (30) days of written demand accompanied by a documented invoice therefor, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which Landlord is obligated to supply such utilities HVAC pursuant to the terms of Section 6.1 of this LeaseLease (i.e., “after hours” usage), Tenant shall reimburse give Landlord’s Building management office not less than twenty-four (24) hours prior notice or such prior notice, as Landlord shall from time to time establish as appropriate, and to the extent such additional HVAC can be made available, Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent and which may include an administrative fee) as Landlord shall from time to time establish (and subject to a four (4) hour minimum). As of the date of this Lease, the current rate for after hours HVAC is $195.00 per hour, and the current rate for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACuse of air circulation fans only is $45.00 per hour; said rate shall be increased only to the extent that Landlord determines Landlord’s cost of providing such after-hours has increased.
Appears in 2 contracts
Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, at Tenant’s sole cost and expense, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption (if such excess consumption is not ceased within 3 days of written notice), and, if such excess consumption is not ceased within 3 days of written notice, the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual such prior notice, if any, as Landlord shall from time to time reasonably establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiesTenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish, which cost as of the date hereof is, with respect to the period of time between November 1 and April 30, $280.00 per hour for HVAC services, and $80.00 per hour for fans only, and with respect to the period of time between May 1 and October 31, $390.00 per hour for HVAC services, and $110.00 per hour for fans only, provided that such rates shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject increased only to the actual rates charged by the utilities. extent that Landlord shall, at its sole cost, as part reasonably determines that Landlord’s cost of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s providing such after-hours HVACutilities has increased after the date of this Lease.
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant uses electricity in excess of that customarily used by other tenants of the Building or Project, as reasonably determined by Landlord, then Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this LeaseSection 29.32 below, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 2 contracts
Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if which consent shall not be unreasonably withheld, conditioned or delayed. If Tenant desires to use heat, ventilation heat or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time reasonably establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at an initial hourly cost to Tenant of Thirty-Five and 00/100 Dollars ($35.00) per hour per floor, which cost hourly rate shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to annual increases throughout the actual rates charged by the utilities. Lease Term of no more than three percent (3%) per annum (which amount shall be treated as Additional Rent); provided, however, Landlord shall, at its sole shall not xxxx-up such hourly cost to include administration or similar fees and Landlord shall not make a profit from such hourly cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.
Appears in 2 contracts
Samples: Sublease Agreement (Mast Therapeutics, Inc.), Office Lease (Santarus Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything below, Tenant shall not install or use or permit the installation or use of any computer server or electronic data processing equipment in the Premises to the contrary in extent such devices may materially affect the temperature otherwise maintained by the air conditioning system for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, Tenant may operate without the HVAC within the Premises at its discretion; provided, however, if prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hoursas Landlord shall from time to time establish. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part As of the Core and Shell Workexecution of this Lease, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s the hourly charge for after-hours HVACHVAC service is $380.00 per hour per floor.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building ,standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or materially increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. In the event, in Landlord’s reasonable determination, Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost, if any, of the increased wear and tear on existing equipment caused by such excess consumption; andand Landlord may, upon reasonable prior notice to the extent no previously installedTenant, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demandwithin ten (10) days following demand by Landlord (which demand shall include reasonable back-up documentation), at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. To the extent Landlord delivers a xxxx for excess water and/or electricity, following a request by Tenant, Landlord shall meet with Tenant to discuss Landlord’s determination of such excess usage. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost of supplying chilled water and gas such prior notice, if any, as Landlord shall from time to time reasonably establish as appropriate, to the Premises during non-Building Hours extent such additional utilities can be made available, and Landlord shall supply such utilities to Tenant at the actual rates charged by the utilities, such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent and which may include an administrative fee) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime reasonably establish.
Appears in 2 contracts
Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant uses electricity in excess of that customarily used by other tenants of the Building or Project, as reasonably determined by Landlord, then Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment equipment, if any, which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32 below, to increase such capacity. Notwithstanding anything Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord; provided that the foregoing restriction shall not apply to the contrary installation or use of general office computer equipment used in this Leasethe ordinary course in Comparable Buildings, Tenant may operate including, without limitation, a server room for use in connection with Tenant’s internal operations in the HVAC within the Premises at its discretion; provided, however, if Premises. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime reasonably establish.
Appears in 2 contracts
Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat- generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, . Tenant shall have not install or use or permit the rightinstallation or use of any computer or electronic data processing equipment in the Premises, subject to without the terms prior written consent of Article 8, to increase such capacityLandlord. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 2 contracts
Samples: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant uses electricity in excess of that customarily used by other tenants of the Project, each as reasonably determined by Landlord, then Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, and the reasonable and actual out-of-pocket cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to the extent no previously installed, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if not to be unreasonably withheld, conditioned or delayed. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime reasonably establish.
Appears in 2 contracts
Samples: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat- generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord (or Landlord’s property manager) pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord (or Landlord’s property manager) shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord (or Landlord’s property manager) upon billing by Landlord (or Xxxxxxxx’s property manager). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord (or Landlord’s property manager) pursuant to Section 6.1 of this Lease, or if Tenant shall install and/or operate in the Premises any equipment which shall have an electrical consumption greater than that of normal general office equipment, or which, consistent with the practices of the landlords of comparable first class office buildings located in the general vicinity of the Building, are considered to be high electricity consumption equipment, Tenant shall pay to Landlord (or Landlord’s property manager), upon billing, the cost of such excess utility consumption, consumption and the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord (or Landlord’s property manager) may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord (or Landlord’s property manager), on demandupon billing, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if which consent shall not be unreasonably withheld, conditioned or delayed. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord (or Landlord’s property manager) is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease (“After Hours HVAC”), Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such After Hours HVAC, and Landlord (or Landlord’s property manager) shall supply such After Hours HVAC to Tenant on an hourly basis and (subject to a four (4) hour minimum on Sundays) at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish (the actual cost “After Hours HVAC Rate”). If required by law, Landlord shall have the right to require Tenant to provide Landlord with copies of supplying chilled water and bills from electricity, natural gas or similar energy providers (collectively, “Energy Providers”) Tenant receives from Energy Providers relating to Tenant’s energy use at the Premises (“Energy Bills”) within ten (10) days after Landlord’s written request. In addition, to the Premises during non-Building Hours at the actual rates charged extent required by the utilitieslaw, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject Tenant hereby authorizes Landlord to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part obtain copies of the Core Energy Bills directly from the Energy Provider(s), and Shell Work, Tenant hereby authorizes each Energy Provider to provide a cloud-based software system (Workspeed) Energy Bills and related usage information directly to allow Tenant to control TenantLandlord without Xxxxxx’s after-hours HVACconsent.
Appears in 2 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat- generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord (or Landlord’s property manager) pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord (or Landlord’s property manager) shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord (or Landlord’s property manager) upon billing by Landlord (or Landlord’s property manager). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord (or Landlord’s property manager) pursuant to Section 6.1 of this Lease, or if Tenant shall install and/or operate in the Premises any equipment which shall have an electrical consumption greater than that of normal general office equipment, or which, consistent with the practices of the landlords of comparable first class office buildings located in the general vicinity of the Building, are considered to be high electricity consumption equipment, Tenant shall pay to Landlord (or Landlord’s property manager), upon billing, the cost of such excess utility consumption, consumption and the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord (or Landlord’s property manager) may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord (or Landlord’s property manager), on demandupon billing, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if which consent shall not be unreasonably withheld, conditioned or delayed. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord (or Landlord’s property manager) is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease (“After Hours HVAC”), Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such After Hours HVAC, and Landlord (or Landlord’s property manager) shall supply such After Hours HVAC to Tenant on an hourly basis and (subject to a four (4) hour minimum on Sundays) at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish (the actual cost “After Hours HVAC Rate”). If required by law, Landlord shall have the right to require Tenant to provide Landlord with copies of supplying chilled water and bills from electricity, natural gas or similar energy providers (collectively, “Energy Providers”) Tenant receives from Energy Providers relating to Tenant’s energy use at the Premises (“Energy Bills”) within ten (10) days after Landlord’s written request. In addition, to the Premises during non-Building Hours at the actual rates charged extent required by the utilitieslaw, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject Tenant hereby authorizes Landlord to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part obtain copies of the Core Energy Bills directly from the Energy Provider(s), and Shell Work, Tenant hereby authorizes each Energy Provider to provide a cloud-based software system (Workspeed) Energy Bills and related usage information directly to allow Tenant to control Landlord without Tenant’s after-hours HVACconsent.
Appears in 2 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Overstandard Tenant Use. Other than the Machine Shop Equipment (which Landlord shall be deemed to approve and consent to notwithstanding its noise, vibrations, and emissions, provided that the Machine Shop Equipment and Tenant’s use thereof complies with Applicable Laws and the applicable manufacturers’ operational specifications/guidelines), Tenant shall not. without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning (or any other services) in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord (24) hours’ prior notice of Tenant’s desired use and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant per Section 6.1.1 and, if such service is not a continuation of that furnished during regular business hours, Tenant shall pay the same hourly rate for a period of two (2) hours preceding the commencement of such service. Amounts payable by Tenant to Landlord for the actual cost such use of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost additional utilities shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core deemed Additional Rent hereunder and Shell Work, provide shall be billed on a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACmonthly basis.
Appears in 2 contracts
Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within ten 10 days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for at least twenty-four (24) hours prior written notice or such other notice as Landlord shall from time to time establish as appropriate (which other notice is anticipated to be accomplished through telephonic dial-up and/or access via computer codes), of Tenant's desired use, (ii) Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish; such hourly cost shall be equal to (A) the actual cost of supplying chilled water and gas incurred by Landlord to the Premises during nonsupply such after-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants hours HVAC on an hourly basis (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation but based on [***] hour minimum provision of such actual utilities costsafter hours HVAC), with the actual calculation being subject (B) increased wear and tear and depreciation of equipment to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s such after-hours HVAC, and (C) maintenance costs, and (iii) Tenant shall pay such cost within ten (10) days after billing as Additional Rent.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the air conditioning system or materially increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord’s consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment (“Customary Tenant Equipment”)). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.31, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if which consent shall not be unreasonably withheld or delayed (provided that Landlord’s consent shall not be required for Customary Tenant Equipment). If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Notwithstanding any provision of supplying chilled water and gas this Lease to the Premises during non-Building Hours at the actual rates charged by the utilitiescontrary, Tenant shall pay to Landlord Landlord’s standard charge for any services provided to Tenant which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject Landlord is not specifically obligated to provide pursuant to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part terms of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACthis Lease.
Appears in 2 contracts
Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 7.4 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the reasonable cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 7.4 of this Lease, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as Additional Rent, the cost of such excess utility consumption, the reasonable cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as Additional Rent, the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 7.4 of this Lease, (i) Tenant shall reimburse give Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costprior notice, as part Landlord shall from time to time establish as appropriate, of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACdesired use, (ii) Landlord shall supply such heat, ventilation or air conditioning to Tenant at such reasonable hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost within ten (10) days after billing, as Additional Rent.
Appears in 2 contracts
Samples: Acceptance Agreement (Nevro Corp), Acceptance Agreement (Nevro Corp)
Overstandard Tenant Use. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billingwithin thirty (30) days after Tenant’s receipt of an invoice therefor, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to the extent no previously installedand if Tenant does not cease such excessive usage promptly following written notice from Landlord, Landlord may install devices to separately sub-meter any increased use (or use other reasonable industry standard methods to reasonably estimate such increased use) and in such event Tenant shall pay the increased cost directly to Landlord, on demandwithin thirty (30) days after Tenant’s receipt of an invoice therefor, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity and any other utility shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; providedinstallation or Tenant’s Share of the per floor limits otherwise set forth on Exhibit 6.3, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacityattached. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same nonas Landlord shall from time to time establish based upon its reasonably estimated out-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities of-pocket costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.
Appears in 2 contracts
Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. if Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant shall install and/or operate in the Premises any equipment which shall have an electrical consumption greater than that of normal general office equipment, or which, consistent with the practices of the landlords of comparable first-class office buildings located in the vicinity of the Building, are considered to be high electricity consumption equipment, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water Tenant’s desired use in order to supply such utilities, and gas Landlord shall supply such utilities to the Premises during non-Building Hours Tenant at the actual rates charged by the utilitieshourly cost set forth in Section 6.1.1, above (which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, treated as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACAdditional Rent).
Appears in 2 contracts
Samples: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 2 contracts
Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Overstandard Tenant Use. If Tenant uses watershall not, electricitywithout Landlord's prior written consent, heat (i) use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning in excess of that supplied system, or (ii) increase the water normally furnished for the normal office use for the Premises by Landlord pursuant to the terms of Section 6.1.3 above. In addition, Tenant shall not use electricity in the Premises in excess of the capacity of the electricity feeders and risers serving the Premises. If Tenant uses water or HVAC in excess of the quantities to be provided by Landlord for normal office use pursuant to Section 6.1 above, or if Tenant's consumption of this Leaseelectricity shall exceed five (5) xxxxx per usable square foot of the Premises for connected electrical load of 120/208 voltage power equipment and one and one half (1 1/2) xxxxx per usable square foot of the Premises for connected electrical load for 277/480 voltage power equipment, calculated on an average annualized basis for Business Hours described in Section 6.1.1 above, then Tenant shall pay to Landlord, upon within thirty (30) days after billing, the sum of (A) the actual cost of such excess utility consumptionconsumption plus a five percent (5%) surcharge on such costs to cover Landlord's administrative costs, plus (B) the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, plus (C) the cost of the increased wear and tear and depreciation on existing equipment caused by such excess consumption; and, to the extent no previously installed, Landlord may reasonably install devices to separately sub-meter any increased use such excess use, and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including Landlord the cost of such additional metering devices within thirty (or sub-metering30) devicesdays after demand therefor. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC in the Premises during hours other than those for which Landlord is obligated to supply such utilities the Business Hours pursuant to the terms of Section 6.1 of this Lease, 6.1.1 above: (x) Tenant shall reimburse give Landlord for such prior notice, as Landlord shall from time to time establish as appropriate (which notice is anticipated to be accomplished through telephonic dial-up and access via computer codes), of Tenant's desired use thereof; (y) Landlord shall supply such after-hours HVAC to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish; such hourly cost shall be determined on a per floor basis and shall equal the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis, including (1) the cost of supplying chilled water and gas the utilities consumption plus a five percent (5%) surcharge on such costs to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities cover Landlord's administrative costs, with the actual calculation being subject (2) increased wear and tear and depreciation on equipment to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s such after-hours HVAC, and (3) maintenance costs; and (z) Tenant shall pay such cost to Landlord as Additional Rent within thirty (30) days after billing.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses waterwater (including, without limitation, in connection with any shower facilities located in the Premises), electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this LeaseLease (including without limitation, as a result of any Excess Occupancy Density), Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Office Lease (Amplitude, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice (which notice shall be provided in the manner mutually agreed to between Landlord and Tenant), if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord and Tenant acknowledge and agree that Landlord's prevailing rate as of the date of this Lease for Tenant's use of the HVAC during hours other than Building Hours is $50.00 per hour for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACPremises.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the actual exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiessuch additional services, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an exampleincluding Landlord's standard, Exhibit Kreasonable fee for its involvement with such additional services, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation promptly upon being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACbilled for same.
Appears in 1 contract
Samples: Office Lease (Corgentech Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may adversely affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat water or air conditioning HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant’s consumption of electricity shall exceed an average of three (3) xxxxx per useable square foot of the Premises, connected load, calculated on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, upon within ten (10) days after billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, administrative and overhead costs incurred in connection with such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which the Building Hours, (i) Tenant shall give Landlord is obligated such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities pursuant after-hours HVAC to Tenant at such hourly cost (which shall include, without limitation, the terms of Section 6.1 of this Lease, Tenant shall reimburse Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation use of such actual utilities costs, with the actual calculation being subject HVAC and Landlord’s costs incurred for maintenance and increased wear and tear on equipment used to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s such after-hours HVAC, but shall exclude any of Landlord’s administrative fees, profit, or costs of overhead or depreciation) to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost within ten (10) days after billing.
Appears in 1 contract
Overstandard Tenant Use. Excepting those improvements described in the Work Letter, Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right, at the time of consent, to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately meter (or sub-meter meter) any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Building or the risers or wiring installation; provided, however, Tenant and shall have the right, be subject to the terms of Article 8, to increase such capacitySection 29.26 below. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establishes as its Building standard rate; provided, however, that if no Event of Default exists, Landlord shall xxxxx the first $11,000 of such amount during each calendar year. If Tenant utilizes a specialized or dedicated cooling unit within the Premises (in or adjacent to a Tenant server room or otherwise), notwithstanding any provision hereof to the contrary, Tenant shall be solely responsible the maintenance and repair of such unit and for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours electricity for such unit; provided, however, if applicable, Landlord shall install separate metering in connection with such unit at the actual rates charged by the utilitiesLandlord’s cost. 0000 Xxxxx Xxxxxx Genworth Financial Wealth Management, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.Inc.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the actual exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiessuch additional services, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an exampleincluding Landlord’s standard fee for its involvement with such additional services, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation promptly upon being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACbilled for same.
Appears in 1 contract
Samples: Office Lease (Tercica Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use equipment or lighting which uses electricity in excess of that provided in Section 6.1.2 or which may materially affect the temperature otherwise maintained by the air conditioning system or materially increase the water normally furnished for the Premises by Landlord (or Landlord's property manager) pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord (or Landlord's property manager) shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord (or Landlord's property manager) upon billing by Landlord (or Landlord's property manager). Subject to the terms hereof, if Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord (or Landlord's property manager) pursuant to Section 6.1 of this Lease, or if Tenant shall install and/or operate in the Premises any equipment which shall have an electrical consumption greater than that of normal general office equipment, Tenant shall pay to Landlord (or Landlord's property manager), upon within thirty (30) days after billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, and the cost of the increased wear and tear on existing equipment caused by such excess consumption. Prior to the extent no previously installedinstalling any equipment to supply excess consumption as provided above in this Section 6.2, Landlord may shall give Tenant thirty (30) days' prior written notice of Landlord's intention to install that equipment. If within ten (10) days after delivery of that notice Tenant provides Landlord with Tenant's written agreement to eliminate such excess consumption and Tenant actually eliminates that excess consumption later than the date Tenant provides that written agreement, Landlord agrees to forbear from installing that equipment so long as that excess consumption does not recur. In the event Landlord (or Landlord's property manager) reasonably believes that Tenant is consuming excess services, Landlord shall first notify Tenant in writing and shall give Tenant the opportunity to reduce the excess consumption. If such consumption is not reduced in a timely fashion in Landlord (or Landlord's property manager's) reasonable judgment, Landlord may, at Tenant's sole cost and expense, install devices to separately sub-meter any increased Tenant's use and of such services. If it is determined that Tenant is consuming services in such event excess of those required to be provided hereunder, Tenant shall pay the increased cost of such excess consumption directly to Landlord (or Landlord's property manager), on demandwithin thirty (30) days of billing, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity (as Landlord is required to provide subject to and in accordance with the terms of Section 6.1.2 above) of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord (or Landlord's property manager) is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease ("After Hours HVAC"), Tenant shall reimburse give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such After Hours HVAC, and Landlord (or Landlord's property manager) shall supply such After Hours HVAC to Tenant on an hourly basis and (subject to a four (4) hour minimum for usage not immediately preceding or following Building Hours ) at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish (the "After Hours HVAC Rate"). Landlord and Tenant acknowledge that, as of the date of this Lease, the After Hours HVAC Rate is $75.00 per hour with a four (4)-hour minimum charge for usage not immediately preceding or following Building Hours. Hereafter, the After Hours HVAC Rate shall increase only to the extent Landlord reasonably determines that its actual cost of supplying chilled water and gas to the Premises during nonproviding such After-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACincreases.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that the foregoing shall not be applicable to, and Landlord’s consent shall not be required for the installation of, typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment which is customary for general office tenants located in Comparable Buildings (“Customary Tenant Equipment”)). If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.
Appears in 1 contract
Samples: Office Lease (Versartis, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air MARINA VILLAGE [St. Fxxxxxx] conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning systems or equipment in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant’s consumption of electricity shall exceed two (2) wxxxx connected load per usable square foot of the Premises, calculated on an monthly basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for the actual such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities to Tenant at an hourly cost of supplying chilled water Fifty Dollars ($50.00) per hour, and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which (iii) Tenant shall pay such cost shall be equitably prorated among all Building occupants within ten (other than the Bank10) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costdays after billing, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACadditional rent.
Appears in 1 contract
Samples: Lease Termination Agreement (St Francis Medical Technologies Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering devices, plus Landlord’s reasonable costs incurred in connection with Landlord’s administration of such additional usage. As of the date of this Lease, the hourly charge (or subon a full-meteringfloor basis) devicesfor after-hours air-conditioning usage is Thirty-Five Dollars ($35.00) per hour and the hourly charge (on a full floor basis) for air ventilation is Twenty-Five Dollars ($25.00) per hour, which initial hourly charges are, from time to time throughout the Lease Term, subject to adjustment by Landlord to reflect Landlord’s prevailing rate for such after-hours air-conditioning and air ventilation. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; provided(other than personal computer and local area networks), however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall endeavor to supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Pacific Mercantile Bancorp)
Overstandard Tenant Use. If Tenant uses waterheat-generating machines, electricitymachines other than normal fractional horsepower office machines, heat or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, and as a result of such use, Tenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, and the reasonable cost of the increased wear and tear on existing equipment caused by such excess consumption plus a reasonable administrative fee (but in no event duplicative of costs included in Operating Expenses) based on a percentage of such costs (as reimbursement for Landlord's costs to read the extent no previously installed, metering devices) and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. If Tenant’s use 's density or machines or equipment (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of electricity design, installation, operation, use, and maintenance, in each case, plus a standard reasonable administrative fee (but in no event duplicative of costs included in Operating Expenses), shall never exceed the capacity of the feeders be paid by Tenant to the Property or the risers or wiring installation; providedLandlord within thirty (30) days after Landlord has delivered to Tenant an 788288.01/WLA 375755-00007/8-9-18//ejw -18- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacityInc. invoice therefor. Notwithstanding anything any provision to the contrary contained in this Lease, Tenant may operate the HVAC within the Premises at its discretion; providedshall promptly pay to Landlord, however, if a standard reasonable charge (but in no event duplicative of costs included in Operating Expenses) for any services provided to Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is not specifically obligated to supply such utilities provide to Tenant pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.
Appears in 1 contract
Samples: Office Lease (Roku, Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to and the extent no previously installedcost of the increased wear and tear on existing equipment caused by such excess consumption, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant's desired use and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish. Amounts payable by Tenant to Landlord for such use of additional utilities shall be deemed Additional Rent hereunder and shall be billed on a monthly basis. Landlord may increase the actual cost of supplying chilled water hours or days during which air conditioning, heating and gas ventilation are provided to the Premises during nonand the Building to accommodate the usage by tenants occupying two-thirds or more of the rentable square feet of the Building Hours at or to conform to practices of other buildings in the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject area comparable to the actual rates charged by the utilitiesBuilding. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.6.3
Appears in 1 contract
Samples: Office Lease (Central Coast Bancorp)
Overstandard Tenant Use. Notwithstanding anything to the contrary contained in the Lease, Section 6.2 of the Lease is hereby deleted in its entirety and replaced with the following: "Tenant shall not, without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase (other than on a de minimis basis) the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord within thirty (30) days following billing by Landlord. If Tenant uses water, electricity, heat or air conditioning substantially in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property to the Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if which shall not be unreasonably withheld, conditioned or delayed. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease ("After- Hours HVAC"), Tenant shall reimburse follow the reasonable procedures, if any, as Landlord for the actual shall from time to time establish as appropriate, and Landlord shall supply such equipment to Tenant at such hourly cost of supplying chilled water and gas to Tenant (which shall be treated as Additional Rent) as Landlord shall reasonably determine is equal solely to the Premises during non-Building Hours at increased depreciation of such heat, ventilation or air conditioning equipment. In the actual rates charged event Tenant disputes the Actual Costs (as defined below), as determined by Landlord, for such increased depreciation of such heat, ventilation or air conditioning equipment, then a determination as to the utilities, which cost proper amount of Actual Costs shall be equitably prorated among all Building occupants made, at Tenant's expense, by an independent HVAC engineer (other than the Bank"HVAC Engineer") operating HVAC during the same non-Building Hoursmutually and reasonably selected by Landlord and Tenant. For purposes of Landlord shall charge Tenant, and Tenant shall pay Landlord, for any additional services, an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject amount equal to the actual rates charged by out-of-pocket incremental extra costs to Landlord to provide the utilitiesadditional services, without markup for profit, overhead or administrative costs, but including, to the extent applicable, depreciation pertaining to increased use of certain equipment ("Actual Costs"). Landlord shall, at its sole costwithin ten (10) business days of receipt of a written request from Tenant, as part disclose to Tenant in writing the basis for the determination of the Core and Shell WorkActual Cost applicable to any such additional service provided by Landlord to Tenant. In the event such disclosure by Landlord demonstrates that Landlord's determination of Actual Costs was done unreasonably, provide then Actual Costs shall be adjusted to reflect what they should have been if Landlord had reasonable determined Actual Costs. In the case of an increase in Actual costs resulting from such adjustment, Tenant shall pay Landlord the difference within thirty (30) days of demand therefor. In the case of a cloud-based software system decrease in Actual costs resulting from such adjustment, Landlord shall pay to Tenant the difference within thirty (Workspeed30) days of demand. In the event that more than one tenant orders extra services or utilities in the Project, or if any cost item is applicable to allow Tenant more than one tenant, such cost shall, to control Tenant’s after-hours HVACthe extent reasonably practical, be apportioned among such tenants in accordance with the ratios of the square footage in their respective premises."
Appears in 1 contract
Samples: Agreement for Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use (i) heat- generating equipment or machines in the Premises, or (ii) machines, other than normal fractional horsepower office machines, or (iii) lighting in the Premises, which equipment, machines and/or lighting may materially affect the temperature otherwise maintained by the air conditioning system or materially increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right, following notice to Tenant, to install supplementary facilities and equipment in or servicing the Premises, including supplementary or S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 additional air conditioning and/or metering devices, and the cost thereof, including the cost of installation, operation and maintenance of any supplementary facilities and/or equipment, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, accompanied by reasonably detailed supporting documentation, the cost of such excess utility consumption, the reasonable cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to and the extent no previously installed, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay reasonable cost of the increased cost directly to Landlord, wear and tear on demand, at the rates charged existing equipment caused by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devicesexcess consumption. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish uniformly for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building HoursBuilding. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part As of the Core and Shell Workdate of this Lease, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s the hourly cost for after-hours HVACHVAC is $115.00 per hour and $35.00 per hour for fans only.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption and maintenance and upkeep costs for such equipment; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the sameLandlord from time to time, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.31, to increase such capacitybelow, without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which cost shall be equitably prorated among all Building occupants (other than treated as Additional Rent) as Landlord shall from time to time reasonably establish, not to exceed the Bank) operating HVAC during typical charge by landlords of comparable first class office buildings in the same non-Building Hours. For purposes southwest submarket of an exampleAustin, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACTexas.
Appears in 1 contract
Samples: Office Lease (Arthrocare Corp)
Overstandard Tenant Use. Tenant shall not, without Lxxxxxxx’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or materially increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. In the event, in Landlord’s reasonable discretion, Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost, if any, of the increased wear and tear on existing equipment caused by such excess consumption; andand Landlord may, upon reasonable prior notice to the extent no previously installedTenant, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demandwithin ten (10) days following demand by Landlord (which demand shall include reasonable back-up documentation), at the rates charged by the public utility company furnishing the same, including the cost of such additional metering devices, In the event Tenant delivers to Landlord detailed specifications for any equipment Tenant intends to install in the Premises, Landlord shall use commercially reasonable efforts to notify Tenant within ten (or sub-metering10) devicesbusiness days following such receipt whether Landlord believes such equipment shall cause excess consumption as set forth in this Section 6.2. To the extent Landlord delivers a bill for excess water and/or electricity, following a request by Txxxxx, Landlord shall meet with Tenant to discuss Landlord’s determination of such excess usage. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give CHINA BASIN LANDING Landlord for the actual cost of supplying chilled water and gas such prior notice, if any, as Landlord shall from time to time reasonably establish as appropriate, to the Premises during non-Building Hours extent such additional utilities can be made available, and Landlord shall supply such utilities to Tenant at the actual rates charged by the utilities, such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent and which may include an administrative fee) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime reasonably establish.
Appears in 1 contract
Samples: Office Lease (LoopNet, Inc.)
Overstandard Tenant Use. If Tenant uses watershall not, electricitywithout Landlord’s prior consent, heat which consent shall not be unreasonably withheld, (i) install in the Premises (A) lighting and equipment, the aggregate average daily power usage of which exceeds the Wattage Allowance, or which requires a voltage above capacities of the existing applicable panel for those circuits that are currently being used for Tenant’s Premises, (B) heat-generating equipment (other than normal office equipment) or lighting other than lights standard for the Building, or (C) supplementary air conditioning facilities, or (ii) permit occupancy levels in excess of that supplied by Landlord one person per one hundred and fifty (150) square feet of Rentable Area. If, pursuant to this Section 6.1 8.2, heat-generating equipment (other than normal office equipment) or lighting other than Building standard lights are installed or used in the Premises, or occupancy levels are greater than set forth above, or if the Premises or fixtures therein are reconfigured by Alterations, and such equipment, lighting, occupancy levels or Premises reconfiguration affects the temperature otherwise maintained by the Building air conditioning system, or if equipment is installed in the Premises which requires a separate temperature-controlled room, Landlord may, at Landlord’s election after notice to Tenant or upon Tenant’s request, install supplementary air conditioning facilities in the Premises, or otherwise modify the ventilating and air conditioning serving the Premises, in order to maintain the temperature otherwise maintained by the Building air conditioning system or to serve such separate temperature-controlled room. Tenant shall pay the cost of any transformers, additional risers, panel boards and other facilities if, when and to the extent required to furnish power for, and all maintenance and service costs of, any supplementary air conditioning facilities or modified ventilating and air conditioning, or for lighting and/or equipment the power usage of which exceeds the standards set forth in this Section 8.2. The capital, maintenance and service costs of such facilities and modifications shall be paid by Tenant as Rent. Landlord, at its election and at Tenant’s expense, may also install and maintain an electric current meter or water meter (together with all necessary wiring and related equipment) at the Premises to measure the power and/or water usage of such lighting, equipment or ventilation and air conditioning equipment, or may otherwise cause such usage to be measured by reasonable methods. If Tenant desires services in additional amounts than set forth in Section 8.1 above, or any other services that are not provided for in this Lease, Tenant shall pay make a request for such services to Landlord, upon billing, the cost of Landlord with such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to the extent no previously installed, advance notice as Landlord may install devices to separately subreasonably require. If Tenant desires services at different times than set forth in Section 8.1 above, Tenant shall notify Landlord and Landlord shall provide such after-meter any increased use and in such event hours services provided that Tenant shall pay Landlord’s charges for such services within thirty (30) days after Tenant’s receipt of Landlord’s invoice. Electricity shall be charged at Landlord’s actual cost; the increased cost directly to Landlord, on demand, at the rates charged initial charge for HVAC service provided by the public utility company furnishing Building central system shall be a rate of $39.87 per hour per zone (the same, including “HVAC Additional Rate”); the cost additional charge for lighting services provided by the Building central system shall be at a rate of such additional metering $6.85 per hour per zone (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation“Lighting Additional Rate”); provided, however, Tenant Landlord shall have the right, subject right from time to time during the terms of Article 8Term, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within Additional Rate and the Premises at its discretion; provided, however, if Tenant desires Lighting Additional Rate to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse Landlord for the reflect increases in Landlord’s actual cost of supplying chilled water for providing additional HVAC service and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAClighting service.
Appears in 1 contract
Samples: Office Lease (Mobitv Inc)
Overstandard Tenant Use. In the event Tenant uses heat-generating machines, machines other than normal fractional horsepower office machines, or equipment (which machines and/or equipment are in excess of general office use quantities and/or configurations) or lighting other than Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the HVAC or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, Tenant shall, subject to the TCCs of Article 8 below, install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the Actual Cost thereof, including the cost of installation, operation and maintenance and other similar charges, shall be borne by Tenant. Notwithstanding the foregoing, Landlord will not require installation of supplementary air conditioning units and other facilities in the Ground Floor Premises to accommodate the heat load currently generated by the lighting fixtures in the Ground Floor Premises as of the Effective Date. If Tenant uses water, electricity, heat or air conditioning water in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon within thirty (30) days of billing, the cost Actual Cost of such excess utility consumption, the cost Actual Cost of installing, testing and maintaining of the installationmetering devices. Notwithstanding the foregoing, operation, and maintenance of equipment which is required to be installed in order to supply Landlord may only charge such excess consumption; and, costs to Tenant to the extent no previously installed, that Landlord may install devices to also separately sub-meter any increased use and bills its other tenants in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, howeverBuilding, if Tenant desires to use heatany, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms usage in excess of amounts set forth in Section 6.1 of this Lease6.1, Tenant shall reimburse Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACabove.
Appears in 1 contract
Samples: Office Lease (Reddit, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.33, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Office Lease (Cardionet Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat- generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption“After Hours HVAC Charge,” as that term is defined below, the cost of the installation, operation, and maintenance of equipment which is required installed in order to be supply such excess consumption (if any), and the cost of the increased wear and tear on existing equipment caused by such excess consumption (as determined by Landlord. [If Tenant uses electricity in excess of the amounts set forth in Section 6.1.2 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption; and, to the extent no previously installed, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of the increased wear and tear on existing equipment caused by such additional metering excess consumption (or sub-metering) devicesas determined by Landlord). Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord has established (the “After Hours HVAC Charge”). Notwithstanding any provision to the contrary contained in this Lease, Tenant shall promptly pay to Landlord Landlord’s standard charge (which shall include Landlord’s standard administrative charge) for any services provided to Tenant which Landlord is not specifically obligated to provide to Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing, Tenant shall only be required to pay Landlord the costs it incurs to provide freight elevator service after Building Hours (or opposed to Landlord’s standard language charge) for the actual cost of supplying chilled water and gas to first three (3) months following the Premises during non-Building Lease Commencement Date. The current After Hours at the actual rates charged by the utilitiesHVAC Charge, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being is subject to the actual rates charged by the utilities. Landlord shallchange from time to time, at its sole costis $136.00 per hour for cooling, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC$62.00 per hour for heating.
Appears in 1 contract
Samples: Office Lease (Cision Ltd.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install a server room in the HVAC within Premises, without the Premises at its discretion; providedprior written consent of Landlord, howeverwhich shall not be unreasonably withheld, if conditioned or delayed. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Overstandard Tenant Use. Except in relation to Tenant's computer equipment in the Server Room Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant's consumption of electricity shall exceed two (2) xxxxx connected load per square foot of rentable area of the Premises, calculated on a monthly basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, upon billingwithin ten (10) business days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costprior notice, as part Landlord shall from time to time establish as appropriate, of the Core Tenant's desired use (with a 2 hour minimum), (ii) Landlord shall supply such heat, ventilation or air conditioning to Tenant at such hourly cost to Tenant referenced above, and Shell Work(iii) Tenant shall pay such cost on a monthly invoicing basis, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACas additional rent.
Appears in 1 contract
Samples: Office Lease (Vivus Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant uses electricity in excess of that customarily used by other tenants of the Building or Project, as reasonably determined by Landlord, then Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Office Lease (ZS Pharma, Inc.)
Overstandard Tenant Use. If Tenant uses watershall not, electricitywithout Landlord’s prior written consent, heat use heat–generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may adversely affect the temperature otherwise maintained by the air conditioning in excess of that supplied system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water or HVAC in excess of that typically supplied for office uses in similar buildings, or if Tenant’s consumption of electricity shall exceed an average of three (3) xxxxx per useable square foot of the Premises, connected load, calculated on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, upon within thirty (30) days after billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, administrative and overhead costs incurred in connection with such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on within thirty (30) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which the Building Hours, (i) Tenant shall give Landlord is obligated such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities pursuant after–hours HVAC to Tenant at such hourly cost (which shall include, without limitation, the terms cost of Section 6.1 the use of this Leasesuch HVAC, administrative and overhead charges, and the cost of maintenance and increased wear and tear on equipment used to provide such after–hours HVAC) to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall reimburse Landlord for the actual pay such cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants within thirty (other than the Bank30) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACdays after billing.
Appears in 1 contract
Samples: Office Lease (Accelrys, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant's consumption of electricity shall exceed six (6) xxxxx per usable square foot of the Premises, calculated on an annualized basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, upon within ten (10) days after billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costprior notice, as part Landlord shall from time to time establish as appropriate, of the Core Tenant's desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time reasonably establish, based on Landlord's actual costs therefor, and Shell Work, provide a cloud-based software system (Workspeediii) to allow Tenant to control Tenant’s after-hours HVACshall pay such cost within ten (10) days after billing.
Appears in 1 contract
Samples: Sublease Agreement (Biotime Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning equipment or systems in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant’s consumption of electricity shall exceed two (2) wxxxx connected load per rentable square foot of the Premises, calculated on an monthly basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for the actual such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost of supplying chilled water to Tenant as Landlord shall from time to time establish, and gas (iii) Tenant shall pay such cost within ten (10) days after billing, as additional rent. Landlord confirms that after-hours heating and air-conditioning is available to the Premises during non-Building Hours at the actual rates charged by the utilities, which current cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hoursof $35.00 per hour. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s The rate for after-hours HVACheating and air-conditioning to the Premises is subject to change based upon changes in Landlord’s cost to provide such services.
Appears in 1 contract
Samples: Office Lease (PDF Solutions Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Leased Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Leased Premises by Landlord pursuant to the terms of Section 7.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Leased Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 7.1 of this Lease, or if Tenant's consumption of electricity shall exceed five (5) watts connected load per square foot of Rentable Area of the Leased Xxxxxses, calculated on an monthly basis for the hours described in Section 7.1.1 above, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 7.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant's desired use and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish. Amounts payable by Tenant to Landlord for the actual cost such use of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost additional utilities shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core deemed additional rent hereunder and Shell Work, provide shall be billed on a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACmonthly basis.
Appears in 1 contract
Samples: Office Lease (Matrix Bancorp Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 7.4 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the reasonable cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 7.4 of this Lease, Tenant shall pay to Landlord, upon billingwithin 30 days after billing and as Additional Rent, the cost of such excess utility consumption, the reasonable cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as Additional Rent, the increased cost directly to Landlord, on within 30 days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 7.4 of this Lease, (i) Tenant shall reimburse give Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costprior notice, as part Landlord shall from time to time establish as appropriate, of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACdesired use, (ii) Landlord shall supply such heat, ventilation or air conditioning to Tenant at such reasonable hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost within 30 days after billing, as Additional Rent.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately meter (or sub-meter meter) any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. In addition, in the event that there is located in the Premises a data center containing high density computing equipment, as defined in the U.S. EPA's Energy Star® rating system ("Energy Star"), Landlord may require the installation in accordance with Energy Star of separate metering or check metering equipment, in which event (i) Tenant shall pay the costs of any such meter or check meter directly to Landlord, on demand, including the installation and connectivity thereof, (ii) Tenant shall directly pay to the utility provider all electric consumption on any meter, and (iii) Tenant shall pay to Landlord, as Additional Rent, all electric consumption on any check meter within thirty (30) days after being billed thereof by Landlord, in addition to other electric charges payable by Tenant under the Lease. In the event that Tenant purchases any utility service directly from the provider, Tenant shall promptly provide to Landlord either permission to access Tenant’s 's usage information from the utility service provider or copies of the utility bills for Tenant's usage of such services in a format reasonably acceptable to Landlord. Tenant's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the actual exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiessuch additional services, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an exampleincluding Landlord's standard fee for its involvement with such additional services, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation promptly upon being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACbilled for same.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything below, Tenant shall not install or use or permit the installation or use of any computer server or electronic data processing equipment in the Premises to the contrary in extent such devices may materially affect the temperature otherwise maintained by the air conditioning system for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, Tenant may operate without the HVAC within the Premises at its discretion; provided, however, if prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease except as permitted in this Lease. If Tenant uses water, water or electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual, reasonable and documented cost of such excess utility consumptionpaid to third parties at arms length, without profit or overhead or penalty (the cost of the installation"ACTUAL COST"), operation, and maintenance of equipment which is required to be installed in order to supply connection with such excess consumption; and. Furthermore, if Tenant uses electricity in an aggregate amount in excess of that supplied by Landlord pursuant to the extent no previously installedSection 6.1 of this Lease, Landlord may may, at its option, install devices to separately sub-meter any increased use such excess electrical use, and in provided that such event meters indicate excess usage by Tenant when measured on a monthly basis, Tenant shall pay the increased cost directly to Landlord, on demandwithin thirty (30) days following demand by Landlord, at the rates charged by the public utility company furnishing the same, including the cost Actual Cost of any such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided"Capacity," as that term is defined, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacitybelow. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease (the "AFTER HOURS HVAC"), Landlord shall supply such utilities to Tenant shall reimburse Landlord for at Sixty Dollars ($60) per hour per zone during the actual cost of supplying chilled water first Lease Year and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which thereafter such cost shall be equitably prorated among all Building occupants subject to increase (other than but only to the Bank) operating extent that Landlord's Actual Cost for such After Hours HVAC during the same non-Building Hoursshall increase). For purposes of an examplethis Section 6.2, Exhibit K"CAPACITY" shall mean 5.5 xxxxx per usable square foot, attached heretoprovided that the foregoing "Capacity" shall be (a) inclusive of the 1.5 xxxxx per usable square foot available for Tenant's fluorescent lighting, sets forth and (b) exclusive of the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged electricity utilized by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACBuilding HVAC system.
Appears in 1 contract
Samples: Office Lease (Navarre Corp /Mn/)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant’s consumption of electricity shall exceed two (2) xxxxx connected load per square foot of rentable area of the Premises, calculated on a monthly basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, upon billingwithin thirty (30) days after billing and as Additional Rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as Additional Rent, the increased cost directly to Landlord, on within thirty (30) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costprior notice, as part Landlord shall from time to time establish as appropriate, of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACdesired use, (ii) Landlord shall supply such heat, ventilation or air conditioning to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost within thirty (30) days after billing, as Additional Rent.
Appears in 1 contract
Samples: Office Lease (Serena Software Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines (Energy Star photocopiers and computer printers excepted), machines other than normal fractional horsepower office machines, or equipment or lighting other than Building Standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of SECTION 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section SECTION 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, howeverinstallation and if it does, Tenant shall have the right, subject be responsible for upgrading same at its sole cost and expense. Subject to the terms of Article 8SECTION 29.31, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; provided(other than personal computers and local area networks), however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section SECTION 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior Notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Office Lease (Aethlon Medical Inc)
Overstandard Tenant Use. If Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the electricity or water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. Landlord shall, as part of the construction of the Improvements (as defined in the Tenant Work Letter), install (i) a supplemental HVAC system in the Premises to provide 24-hour air conditioning to the portion of the Premises housing Tenant’s dedicated computer/display room, and (ii) a separate utility meter to measure the amount of electricity costs consumed by such supplementary system which is allocable to the provision of the 24-hour air conditioning to Tenant’s dedicated computer/display room. Tenant shall pay the electricity costs measured by such separate utility meter directly to the provider. Except as provided in the penultimate sentence of this Section 6.2, if Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to and the extent no previously installedcost of the increased wear and tear on existing equipment caused by such excess consumption, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, as Landlord shall from time to time reasonably establish as appropriate, of Tenant’s desired use and Landlord shall supply such utilities to Tenant at such hourly, full-floor cost to Tenant as Landlord shall from time to time establish (based upon Landlord’s actual costs in providing such utilities), which is currently $25.00 per hour. Amounts payable by Tenant to Landlord for the actual cost such use of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost additional utilities shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core deemed Additional Rent hereunder and Shell Work, provide shall be billed on a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACmonthly basis.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat- generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that Landlord's consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment ("Customary Tenant Equipment")). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.31, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if which consent shall not be unreasonably withheld or delayed (provided that Landlord's consent shall not be required for Customary Tenant Equipment). If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost of supplying chilled water and gas per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Notwithstanding any provision to the Premises during non-Building Hours at the actual rates charged by the utilitiescontrary contained in this Lease, Tenant shall promptly pay to Landlord, Landlord's standard charge for any services provided to Tenant which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject Landlord is not specifically obligated to provide to Tenant pursuant to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part terms of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACthis Lease.
Appears in 1 contract
Samples: Office Lease
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal office machines (which include, without limit duplicating machines, facsimile machines, office computers, telecommunications equipment, audiovisual equipment, vending machines, and kitchen appliances, typically used in offices), or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the HVAC system or increase the electricity or water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary HVAC units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter measure any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) measuring devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Building or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities (for a time period of no less than two (2) hours) to Tenant at such hourly cost to Tenant as Landlord shall from time to time reasonably establish for the Project. If Tenant uses any Project services (including, without limitation, the Amenities) in excess of typical office users as reasonably determined by Landlord (taking into consideration Tenant’s occupancy density as provided in Section 5.1 above), Tenant shall pay to Landlord, upon billing, (i) the cost of such excess consumption, (ii) the cost of the installation, operation, and maintenance of equipment which is installed in order to monitor and supply such excess consumption, and (iii) the actual cost of supplying chilled water the increased wear and gas to the Premises during non-Building Hours at the actual rates charged tear on existing Project facilities and equipment caused by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costexcess consumption, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACsuch costs are reasonably determined by Landlord.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse notify Landlord for of Tenant’s desired use on or before 2:00pm (local time) the actual business day preceding the day needed, and Landlord shall supply such utilities to Tenant at such hourly cost of supplying chilled water and gas to Tenant (which shall be treated as Additional Rent) as reasonably determined by Landlord to be directly attributable to the Premises during non-increased wear and tear on existing Building Hours at Systems caused by such excess use, plus the actual rates charged amount of any additional electrical use not already paid by the utilitiesTenant pursuant to Section 6.1.2 of this Lease, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hoursabove. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject Notwithstanding any provision to the actual rates charged by contrary contained in this Lease, Tenant shall promptly pay to Landlord, Landlord’s standard charge for any services provided to Tenant which Landlord is not specifically obligated to provide to Tenant pursuant to the utilities. Landlord shall, at its sole cost, as part terms of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACthis Lease.
Appears in 1 contract
Samples: Office Lease (Opentv Corp)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease; provided, however, that Landlord’s prior consent shall not be required for Tenant’s use of office machines, equipment and lighting required for the normal and customary operation of the Permitted Use within the Premises. If such consent is given, Landlord shall have the right to require the installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants treated as Additional Rent) as Landlord shall from time to time establish (other than the Bank) operating “HVAC during Hourly Cost”). As of the same non-Building Hours. For purposes date of an examplethis Lease, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being HVAC Hourly Cost (which is subject to change from time to time upon reasonable prior notice) is $35.00 per hour. Notwithstanding the actual rates charged by the utilities. Landlord shallforegoing, at its sole costTenant may elect, as part of the Core Improvements to be constructed in the Premises pursuant to the terms and Shell Workconditions set forth in the Work Letter, provide to install a cloudpush-based software button activation/override system (Workspeedthe “HVAC Activation/Override System”) to allow enable Tenant to control Tenant’s after-use heat, ventilation or air conditioning during hours HVACother than those for which Landlord is obligated to supply the same pursuant to the terms of Section 6.1 of this Lease. Such heat, ventilation or air conditioning shall be supplied at the HVAC Hourly Cost. Tenant shall be obligated to maintain and repair such HVAC Activation/Override System, and Landlord shall have no obligation in connection with any such maintenance or repair.
Appears in 1 contract
Overstandard Tenant Use. If Tenant uses watershall not, electricitywithout Landlord’s prior written consent, heat use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning in excess of that supplied system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant’s consumption of electricity shall exceed three (3) wxxxx per usable square foot of the Premises, calculated on an annualized basis for the Business Hours (as defined below), Tenant shall pay to Landlord, upon billingconcurrently with the next payment of Base Rent due Landlord, the actual cost of such excess utility consumption, the actual cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the actual cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at concurrently with the rates charged by the public utility company furnishing the samenext payment of Base Rent due Landlord, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed If the capacity of the feeders Building is not fully occupied by Tenant pursuant to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if Lease and Tenant desires to use heat, ventilation or air conditioning HVAC in the Premises during hours other than those between Monday through Friday, during the period from 7:00 a.m. to 6:00 p.m. (the “Business Hours”), except for which the date of observation of New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays as designated by Landlord is obligated (collectively, the “Holidays”): (x) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use thereof (Tenant can give as little as two hours’ notice of its desired use); (y) Landlord shall supply such after-hours HVAC to Tenant at Landlord’s actual hourly cost, determined on a per floor basis equal the actual cost incurred by Landlord to supply such utilities pursuant after-hours HVAC on an hourly basis; and (z) Tenant shall pay such cost to Landlord as Additional Rent within thirty (30) days after billing. Notwithstanding the terms foregoing, in all instances where Tenant is using HVAC in excess of Section 6.1 of this Leaseeleven (11) hours per day on a floor-by-floor basis, measured weekly on an average daily basis, or on days other as described hereinabove, Tenant shall reimburse pay to Landlord for (1) the actual cost of supplying chilled water increased wear and gas tear and depreciation on equipment to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of provide such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC, based on the depreciation schedule attached hereto as Exhibit H, and (2) any additional maintenance costs incurred by Landlord, as Additional Rent within thirty (30) days after billing.
Appears in 1 contract
Samples: Lease Agreement (Zendesk, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the normal office use for the Premises by Landlord pursuant to the terms of Section 6.1 above. If such consent is given, Landlord (or Landlord’s property manager) shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord or Landlord’s property manager within ten (10) days after Tenant’s receipt of an invoice therefor. If Tenant uses water, electricity, heat water or air conditioning HVAC in excess of that supplied by Landlord (or Landlord’s property manager) pursuant to Section 6.1 above, or if Tenant’s consumption of this Leaseelectricity shall exceed three (3) xxxxx per rentable square foot of the Premises, calculated on a monthly basis for the hours described in Paragraph 6.1.1 above (the “Consumption Standard”), Tenant shall pay to Landlord (or Landlord, upon ’s property manager) within ten (10) days after billing, (i) the cost of such excess utility consumption, including an administrative fee in an amount not to exceed ten percent (10%) of such cost, (ii) the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and (iii) the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord (or Landlord’s property manager) may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord (or Landlord’s property manager), on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, maintaining and repairing such additional metering devices and an administrative fee in an amount not to exceed ten percent (or sub-metering10%) devicesof such cost to cover the additional cost incurred by Landlord in keeping account of any chilled water and/or electrical current so consumed. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which Landlord is obligated to supply such utilities HVAC pursuant to the terms of Section 6.1 of this Lease6.1.1 above, to the extent controls for such after-hours HVAC are not contained with the Premises, Tenant shall reimburse give Landlord such prior notice, as Landlord shall from time to time establish as appropriate (which notice, in the case of weekend use shall be 48 hours), of Tenant’s desired use and, to the extent such services may be provided without overloading the Building Systems and Equipment, Landlord (or Landlord’s property manager) shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord (or Landlord’s property manager) shall from time to time establish. Amounts payable by Tenant to Landlord (or Landlord’s property manager) for such use of additional utilities shall be deemed Additional Rent hereunder and shall be billed on a monthly basis. The after-hours HVAC usage cost is currently $72.00 per hour. Landlord may increase the actual cost of supplying chilled water and gas hours or days during which HVAC is provided to the Premises during nonand the Building to accommodate the usage by tenants occupying two-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part thirds or more of the Core and Shell Workrentable square feet of the Building or to conform to practices of other comparable first-class office buildings in the Emeryville, provide a cloud-based software system California area (Workspeed) to allow Tenant to control Tenant’s after-hours HVACcollectively, the “Comparable Buildings”).
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Overstandard Tenant Use. If Tenant uses waterheat-generating machines, electricitymachines other than normal fractional horsepower office machines, heat or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, and as a result of such use, Tenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, and the reasonable cost of the increased wear and tear on existing equipment caused by such excess consumption plus a reasonable administrative fee (but in no event duplicative of costs included in Operating Expenses) based on a percentage of such costs (as reimbursement for Landlord's costs to read the extent no previously installed, metering devices) and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. If Tenant’s use 's density or machines or equipment (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of electricity design, installation, operation, use, and maintenance, in each case, plus a standard reasonable administrative fee (but in no event duplicative of costs included in Operating Expenses), shall never exceed the capacity of the feeders be paid by Tenant to the Property or the risers or wiring installation; provided, however, Landlord within thirty (30) days after Landlord has delivered to Tenant shall have the right, subject to the terms of Article 8, to increase such capacityan invoice therefor. Notwithstanding anything any provision to the contrary contained in this Lease, Tenant may operate the HVAC within the Premises at its discretion; providedshall promptly pay to Landlord, however, if a standard reasonable charge (but in no event duplicative of costs included in Operating Expenses) for any services provided to Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is not specifically obligated to supply such utilities provide to Tenant pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.
Appears in 1 contract
Samples: Office Lease (Roku, Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the electricity or water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to and the extent no previously installedcost of the increased wear and tear on existing equipment caused by such excess consumption, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, if any, Tenant shall reimburse give Landlord for the actual such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use and Landlord shall supply such utilities to Tenant at a reasonable hourly cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiesTenant, which cost may include Landlord’s reasonable allocation of the costs for electricity, water, sewage, water treatment, labor, metering, filtering, equipment depreciation, wear and tear and maintenance to provide such service. The current after-hours rate as of the Date of this Lease is $50.00 per hour. Amounts payable by Tenant to Landlord for such use of additional utilities shall be equitably prorated among all Building occupants (deemed Additional Rent hereunder and shall be billed on a monthly basis. Notwithstanding anything herein to the contrary, any HVAC or other than the Bank) operating HVAC during the same non-Building Hours. For purposes of service necessary to accommodate a computer server room will be deemed to constitute an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being overstandard use and will be subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part provisions of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACthis Section 6.2.
Appears in 1 contract
Samples: Lease Agreement (DMC Global Inc.)
Overstandard Tenant Use. Unless identified on plans approved by Landlord prior to their installation, Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricityelectricity (including lighting), heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment (other than customary desktop personal computers and similar office equipment) in the Premises at its discretion; provided(unless identified on plans approved by Landlord prior to their installation), however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such actual cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Tenant's data center (the "Data Center"), as well as all other portions of supplying chilled water and gas to the Premises during non-Building Hours at so designated on the actual rates charged by the utilitiesplans, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACseparately metered.
Appears in 1 contract
Samples: Office Lease (Nextcard Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for at least twenty-four (24) hours prior written notice or such other notice as Landlord shall from time to time establish as appropriate (which other notice is anticipated to be accomplished through telephonic dial-up and/or access via computer codes), of Tenant’s desired use, (ii) Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish; such hourly cost shall be equal to (A) the actual cost of supplying chilled water and gas incurred by Landlord to the Premises during nonsupply such after-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants hours HVAC on an hourly basis (other than the Bankbut based on a two (2) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation hour minimum provision of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC), (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) maintenance costs, and (iii) Tenant shall pay such cost within ten (10) days after billing, as Additional Rent.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, (i) without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, or (ii) permit occupancy density of use in the Premises which is greater than normal general office density of use (as reasonably determined by Landlord), which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease6.1, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 6.1, Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, which rate, as of the date of this Lease, for HVAC provided outside the hours set forth in Section 6.1.1 is $75.00 per hour per floor with a two (2) hour minimum. Amounts payable by Tenant shall reimburse to Landlord for the actual cost such use of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost additional utilities shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core deemed Additional Rent hereunder and Shell Work, provide shall be billed on a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACmonthly basis.
Appears in 1 contract
Samples: Office Lease (Doma Holdings, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately meter (or sub-meter meter) any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. In addition, in the event that there is located in the Premises a data center containing high density computing equipment, as defined in the U.S. EPA's Energy Star® rating system ("Energy Star"), Landlord may require the installation in accordance with Energy Star of separate metering or check metering equipment, in which event (i) Tenant shall pay the costs of any such meter or check meter directly to Landlord, on demand, including the installation and connectivity thereof, (ii) Tenant shall directly pay to the utility provider all electric consumption on any meter, and (iii) Tenant shall pay to Landlord, as Additional Rent, all electric consumption on any check meter within thirty (30) days after being billed thereof by Landlord, in addition to other electric charges payable by Tenant under the Lease. In the event that Tenant purchases any utility service directly from the provider, Tenant shall promptly provide to Landlord either permission to access Tenant’s 's usage information from the utility service provider or copies of the utility bills for Tenant's usage of such services in a format reasonably acceptable to Landlord. Tenant's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, if any, as Landlord shall fi·om time to time establish as appropriate for all tenants of the actual Building, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish in Landlord's reasonable discretion. Landlord shall have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the Building standard cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiessuch additional services, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an exampleincluding Landlord's standard fee for its involvement with such additional services, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation promptly upon being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACbilled for same.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.31, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. As of the actual date of this Lease, the current cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACventilation for fan only is $30.00 per hour and the current cost for after-hours air conditioning is $130.00 per hour. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall promptly pay to Landlord, Landlord’s standard charge for any services provided to Tenant which Landlord is not specifically obligated to provide to Tenant pursuant to the terms of this Lease.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent (which consent shall not be unreasonably withheld or delayed), use machines primarily intended to generate heat, machines other than normal fractional horsepower office machines, or other than building standard lights in the Premises, which may materially and adversely affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat water or air conditioning HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant’s consumption of electricity shall exceed an average of six (6) xxxxx per useable square foot of the Premises, demand load, calculated on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, upon within ten (10) business days after billing, the cost to Landlord of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, administrative and overhead costs incurred in connection with such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the samewithin ten (10) business days after billing, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which the Building Hours, (i) Tenant shall give Landlord is obligated such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities pursuant after-hours HVAC to Tenant at $35.00 per zone per hour during the terms of Section 6.1 of this Leaseinitial Lease Term, Tenant and such hourly costs as Landlord shall reimburse Landlord for establish from time to time thereafter (which shall include, without limitation, the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation use of such actual utilities costsHVAC, with administrative and overhead charges, and the actual calculation being subject cost of maintenance and increased wear and tear on equipment used to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s such after-hours HVAC) to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost within ten (10) business days after billing.
Appears in 1 contract
Samples: Office Lease (Active Network Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on promptly following Landlord’s written demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any dedicated computer room or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the actual exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiessuch additional services, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an exampleincluding Landlord’s standard fee for its involvement with such additional services, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation promptly upon being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACbilled for same.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord's prior ----------------------- written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the actual cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord within thirty (30) days following receipt of billing. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon within thirty (30) days following receipt of billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment other than desktop or portable personal computers and related portable or semi-portable computer equipment in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if which consent shall not be unreasonably withheld, conditioned or delayed. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Building Hours, Tenant shall give Landlord is obligated such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities pursuant to Tenant at fifty dollars ($50.00) per hour per floor of the Premises (which shall be treated as Additional Rent), which cost may be increased only to the terms extent that Landlord’s Actual Cost of Section 6.1 providing the same increases from time to time. The minimum time period for after hours HVAC usage shall be one (1) hour. For purpose of this Lease, Tenant “Actual Cost” shall reimburse Landlord for mean the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged incurred by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costLandlord, as part of the Core and Shell Workreasonably determined by Landlord but without charge for depreciation, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACprofit, overhead or administration.
Appears in 1 contract
Samples: Office Lease (Internet Brands, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent which shall not be unreasonably withheld, delayed or conditioned, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or materially increase the electricity or water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to and the extent no previously installedcost of the increased wear and tear on existing equipment caused by such excess consumption, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such Health Management Systems Corporate Point additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time reasonably establish, which after hours charge is currently $55.00 per hour, based on Landlord’s out of pocket costs plus a reasonable administrative fee not to exceed 5%. Amounts payable by Tenant to Landlord for the actual cost such use of supplying chilled water additional utilities shall be deemed Additional Rent hereunder and gas shall be billed on a monthly basis. Notwithstanding anything herein to the Premises during non-Building Hours at the actual rates charged by the utilitiescontrary, which cost shall any HVAC or other service necessary to accommodate a computer server room will be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of deemed to constitute an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being overstandard use and will be subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part provisions of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACthis Section 6.2.
Appears in 1 contract
Samples: Office Lease (HMS Holdings Corp)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises that may materially adversely affect the temperature otherwise maintained by the air-conditioning system or materially increase the water normally furnished to the Premises by Landlord under Section 9.1. Landlord shall have the right to install supplementary air-conditioning units or other facilities at locations in the Premises reasonably approved by Tenant, including supplementary or additional metering devices. Within thirty (30) days after billing by Landlord, Tenant shall pay Landlord's actual cost for such supplementary facilities, including the cost of (a) installation, operation, and maintenance; and (b) increased wear and tear on existing equipment. If Tenant uses water, electricity, heat heat, or air air-conditioning in excess of that required to be supplied by Landlord pursuant to under Section 6.1 of this Lease9.1, Tenant shall pay to Landlord, upon within thirty (30) days after billing, Landlord's actual cost of providing such excess service, without profit or overhead but including the cost of such excess utility consumption, the cost of the (a) installation, operation, and maintenance of equipment which is required to be installed in order to supply such the excess service; and (b) increased wear and tear on existing equipment caused by Tenant's excess consumption; and, to the extent no previously installed, . Landlord may install devices to separately sub-meter any increased use and in such event use. Within thirty (30) days after billing by Landlord, Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such the additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to serving the Property Building and Premises or the risers or wiring installation; provided, however, . Landlord and Tenant agree that Tenant's use shall have not be considered to exceed such capacity as long as Tenant's use of lighting fixtures and incidental use equipment in the right, subject Premises does not exceed 20 wattx xx connected load per rentable square foot of the Premises to the terms of Article 8, to increase such capacityapplicable bus riser. Notwithstanding anything to the contrary in this Lease, If Tenant may operate the HVAC within the Premises at its discretion; provided, however, if Tenant desires wishes to use heat, ventilation ventilation, or air air-conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of under Section 6.1 of this Lease9.1, Tenant shall give Landlord reasonable prior notice of Tenant's desired use, and Landlord shall supply such utilities to Tenant at an hourly cost to Tenant as shall be calculated to reimburse Landlord for the Landlord's actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the such utilities, which without profit or overhead but including the cost of increased wear and tear on existing equipment caused by such non- Building-Hour use. Amounts payable by Tenant to Landlord under this Section 9.2 for use of additional utilities and services shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core considered Additional Rent under this Lease and Shell Work, provide shall be billed on a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACmonthly basis.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, ; upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the actual exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiessuch additional services, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an exampleincluding Landlord’s standard fee for its involvement with such additional services, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation promptly upon being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACbilled for same.
Appears in 1 contract
Samples: Office Lease (Novacea Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation, and subject to the terms of Section 29.31, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord; provided, however, Tenant (i) the foregoing restriction shall have not apply to general office use of printers and personal computers on the rightdesktops of Tenant’s employees, subject and (ii) to the terms extent the “Approved Working Drawings,” as that term is set forth in Section 1 of Article 8the Tenant Work Letter, to increase creates separately ventilated “computer” and/or “data center” rooms, the foregoing restriction shall not apply within such capacitydesignated areas. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish, which is currently $55.00 per hour per zone with a minimum of supplying chilled water and gas two (2) hours per request. Notwithstanding any provision to the Premises during non-Building Hours contrary contained in this Lease, Tenant shall promptly pay to Landlord, Landlord’s standard charge for any services provided to Tenant at the actual rates charged by the utilitiesTenant’s request, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject Landlord is not specifically obligated to provide to Tenant pursuant to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part terms of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACthis Lease.
Appears in 1 contract
Overstandard Tenant Use. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the samesame (without xxxx-up), including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate (of not more than twenty-four (24) hours in advance), of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord reasonably determines, which hourly rate as of the actual cost date of supplying chilled water and gas this Lease is $35.00 per hour on a one-half floor basis. Notwithstanding any provision to the Premises during non-Building Hours at the actual rates charged by the utilitiescontrary contained in this Lease, Tenant shall promptly pay to Landlord, Landlord's standard charge for any services provided to Tenant which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject Landlord is not specifically obligated to provide to Tenant pursuant to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part terms of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACthis Lease.
Appears in 1 contract
Samples: Office Lease (Zeltiq Aesthetics Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. Landlord acknowledges that Tenant, at Tenant's sole cost and expense, will require supplemental HVAC, to which Landlord consents and which will be installed and governed pursuant to the Rooftop License Agreement, attached hereto as Exhibit H. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied otherwise paid for by Landlord Tenant pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant's desired use and Landlord shall supply such utilities to Tenant at Landlord's actual cost to Tenant as Landlord shall from time to time establish. Amounts payable by Tenant to Landlord for the actual cost such use of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost additional utilities shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core deemed Additional Rent hereunder and Shell Work, provide shall be billed on a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACmonthly basis.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant uses electricity in excess o that customarily used by other Tenants of the Building or Project, as reasonably determined by Landlord, then tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation, and subject to the terms of Section 29.32. below. Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord; provided, however, that Tenant shall have be allowed to install and use customary office equipment, computers, and a server (wireless or otherwise) network without the right, subject to the terms prior written consent of Article 8, to increase such capacityLandlord. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, . Tenant shall reimburse give Landlord for the actual cost of supplying chilled water and gas such prior notice, if any, as Landlord shall from time to the Premises during non-Building Hours at the actual rates charged by the time establish as appropriate, of’Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to ‘Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Tent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Office Lease (KAYAK SOFTWARE Corp)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, which shall not be unreasonably withheld, use heat-generating machines, machines other than normal office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon within thirty (30) days following billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord; provided, however, Tenant (i) the foregoing restriction shall have not apply to general office use of printers and personal computers on the rightdesktops of Tenant’s employees, subject and (ii) to the terms extent the “Approved Working Drawings,” as that term is set forth in Section 3.4 of Article 8the Tenant Work Letter, to increase creates a separately ventilated “computer” and/or “data center” room, the foregoing restriction shall not apply within such capacitydesignated area. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance; provided, however, that Landlord may not charge Tenant more than Landlord would be charged for similar work performed for Xxxxxxxx’s own account. If Tenant requests any such additional services, then Tenant shall pay to Landlord the actual cost of supplying chilled water and gas to the Premises during nonsuch additional services, including Landlord’s standard fee for its involvement with such additional services, promptly upon being billed for same. FOUR EMBARCADERO CENTER 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non081/1-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud8-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.07/kt/kt -16- [AMLGMN]
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning equipment or systems in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant's consumption of electricity shall exceed two (2) xxxxx connected load per usable square foot of the Premises, calculated on an monthly basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for the actual such reasonable prior notice, as Landlord shall from time to time establish, of Tenant's desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost of supplying chilled water to Tenant as Landlord shall from time to time establish, and gas (iii) Tenant shall pay such cost within ten (10) days after billing, as additional rent. Landlord confirms that after-hours heating and air-conditioning is available to the Premises during non-Building Hours at the actual rates charged by the utilities, which current cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs$75.00 per hour per floor, with the actual calculation being subject to the actual rates charged by the utilitiesa minimum of two (2) hours. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s The rate for after-hours HVACheating and air-conditioning to the Premises is subject to change based upon changes in Landlord’s cost to provide such services.
Appears in 1 contract
Samples: Office Lease (Mitek Systems Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, and Tenant shall have not install or use or permit the rightinstallation or use of any computer or electronic data processing equipment in the Premises, subject to without the terms prior written consent of Article 8, to increase such capacityLandlord. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant’s desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Office Lease (Aries Ventures Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Building or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use and Landlord shall supply such utilities to Tenant at the Landlord’s actual cost plus an administrative charge of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, ten percent (10%) (which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hourstreated as Additional Rent). For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costAdditionally, as part of Landlord’s responsibility to construct the Core Tenant Improvements, Landlord shall bear the initial cost of all electrical, gas and Shell Work, water usage meters as well as any other equipment specified in the construction documents required to provide a cloud-based software system (Workspeed) such extra services to allow Tenant to control Tenant’s after-hours HVAC.
Appears in 1 contract
Samples: Office Lease (Tekelec)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent (which consent shall not be unreasonably withheld), use excessive heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than typical task lighting and building standard lights in the Premises, which may adversely affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord as Additional Rent upon billing by Landlord. If Tenant uses waterwater in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, electricityor if Tenant’s consumption of electricity shall exceed five (5) xxxxx connected load per square foot of usable area of the Premises (exclusive of electricity for HVAC), heat calculated on an annual basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, within thirty (30) days after billing and as additional rent, the actual cost of such excess consumption, the actual cost of the installation, operation, and maintenance of equipment which is installed in order to measure and supply such excess consumption, and the actual cost (as defined below) of the increased wear and tear on existing equipment caused by such excess consumption. If Tenant uses water or air conditioning electricity in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon within thirty (30) days following billing, the actual cost of such excess utility consumption, the actual cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to the extent no previously installed, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay actual cost of the increased cost directly to Landlordwear and tear on existing equipment caused by such excess consumption, on demand, at and the rates charged by the public utility company furnishing the same, including the actual cost of such additional installing, testing and maintaining the metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, as Landlord shall from time to time reasonably establish as appropriate, of supplying chilled water Tenant’s desired use, and gas Landlord shall supply such heat, ventilation or air conditioning to Tenant at an hourly rate of Sixty-Eight Dollars ($68.00) per floor, which rate shall be subject to increase but only to the Premises during nonextent that Landlord’s “actual cost” of providing such after-Building Hours at the actual rates charged by the utilities, hours utilities to Tenant shall increase (which cost shall be equitably prorated among all Building occupants treated as Additional Rent); provided, however, that the first (other than the Bank1st) operating thirteen (13) hours of after-hours HVAC during the same non-Building Hourseach month shall be at no additional cost to Tenant. For purposes of an examplethis Lease, Exhibit K“actual cost” shall mean the actual cost incurred by Landlord, attached heretoas reasonably determined by Landlord, sets forth without charge for profit, overhead or administration, provided that, notwithstanding the calculation foregoing, any amount actually charged by any unrelated third party to Landlord for the supply of such utilities shall be deemed Landlord’s “actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilitiescost”. Landlord shall, at its sole costTenant shall pay such cost within thirty (30) days after billing, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACAdditional Rent.
Appears in 1 contract
Samples: Office Lease (Legalzoom Com Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior ----------------------- written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.32, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACtime establish.
Appears in 1 contract
Samples: Office Lease (Turbolinux Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines or equipment or lighting which (i) causes Tenant to use Excess Consumption if such Excess Consumption does affect the temperature otherwise maintained by the air conditioning system or (ii) increases the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment, and other similar charges, including the removal thereof upon the expiration or earlier termination of the Lease Term, shall be paid by Tenant to Landlord within thirty (30) days after Tenant’s receipt of invoice. If Tenant uses water, electricity, heat or air conditioning water in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost Actual Cost of such excess utility consumption, and the cost Actual Cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to the extent no previously installed, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease (“After Hours HVAC”), Tenant shall reimburse give Landlord notice by 3:00 p.m. on weekdays for same day usage and 5:00 p.m. on Fridays for weekend usage of Tenant’s desired use and Landlord shall supply such utilities to Tenant at Landlord’s Actual Cost. Amounts payable by Tenant to Landlord for the actual cost such use of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost additional utilities shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core deemed Additional Rent hereunder and Shell Work, provide shall be billed on a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACmonthly basis.
Appears in 1 contract
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of a qualified professional, including an electrician and or electrical engineer if necessary in Landlord’s reasonable discretion, installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Building or the risers or wiring installation, and subject to the terms of Section 29.30, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises; provided, however, Tenant with respect to normal fractional office equipment, the foregoing restriction shall have the right, subject only apply to the terms extent Tenant's use of Article 8the same exceeds the customary requirements for general office use, to increase such capacitywithout the prior written consent of Landlord. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning ("HVAC") during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such after-hours HVAC to Tenant at a rate which shall be the greater of $40.00 per hour or the hourly rate established by a mechanical engineer selected by Landlord, which rate shall include, but not be limited to, cost of depreciation, maintenance, administration and billing relating thereto. Tenant acknowledges that Landlord may estimate the hours of such usage by (a) requiring Tenant to request Tenant’s representative to turn on the HVAC and/or electrical current for specified hours, (b) using monitoring devices at the Premises installed at Tenant’s expense (the cost of which shall promptly be reimbursed by Tenant following Landlord's delivery of an invoice therefor), or (c) by any other reasonable means established by Landlord. Tenant shall pay all after-hours HVAC costs (and/or other costs relating thereto as set forth in this Section 6.2) within three (3) days after receipt of any invoice therefor from Landlord. The foregoing rates for such after-hours HVAC shall be increased from time to time by one third of the percentage increase in the kilowatt per hour rate charged by the applicable utility company. Tenant shall not require services, (including but not limited to maintenance, repair, trash or sewer or janitorial in excess of those customarily being supplied by Landlord for the actual Building as part of Operating Expenses, as determined by Landlord in its reasonable discretion and based on occupancy of 5 persons per 1000 rentable square feet (“Excess Utilities and Services”). Tenant's use and/or requirement of Excess Utilities and Services without Landlord’s consent shall be deemed a breach of this Lease if Tenant fails to curtail such use to normal levels within thirty (30) days following receipt of written notice from Landlord, and Landlord shall, in addition to other remedies, have the right to charge Tenant directly for the cost of supplying chilled water such Excess Utilities and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACServices.
Appears in 1 contract
Samples: Office Lease (OverNear, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant uses electricity in excess of that customarily used by other tenants of the Building or Project, as reasonably determined by Landlord, then Tenant shall pay to Landlord, upon billing, the actual cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish based on the actual cost of supplying chilled water and gas providing such services to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building HoursTenant. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part As of the Core and Shell Workdate hereof, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s the hourly cost for such after-hours HVACuse of heat, ventilation or air conditioning services is $120.00 per hour. Landlord agrees that such cost shall not be increased during the Lease Term except to the extent of increases in Landlord's actual cost of providing such services to Tenant.
Appears in 1 contract
Samples: Office Lease (Wageworks, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear SAN MATEO PLAZA XxxxXxxxx.xxx, Inc. and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. Notwithstanding the foregoing, Landlord’s consent shall not be required for Tenant’s use of personal computers, servers typically used to support an office users intranet functions, and server room equipment incidental thereto. If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant’s consumption of electricity shall exceed three (3) xxxxx connected load per square foot of rentable area of the Premises, calculated on a monthly basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, upon billingwithin ten (10) days after billing and as Additional Rent, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as Additional Rent, the increased cost directly to Landlord, on within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costprior notice, as part Landlord shall from time to time establish as appropriate, of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACdesired use, (ii) Landlord shall supply such heat, ventilation or air conditioning to Tenant at such hourly cost to Tenant as Landlord shall from time to time reasonably establish, and (iii) Tenant shall pay such cost within ten (10) days after billing, as Additional Rent.
Appears in 1 contract
Samples: Office Lease (Cafepress Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof; including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or heat, air conditioning or other service in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.26, to increase such capacity. Notwithstanding anything to the contrary in this Leasebelow, Tenant may operate shall not install or use or permit the HVAC within installation or use of any computer or electronic data processing equipment in the Premises at its discretion; providedPremises, however, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which cost shall be equitably prorated among all Building occupants (other than the Banktreated as Additional Rent) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject as Landlord shall from time to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACnine establish.
Appears in 1 contract
Samples: Office Lease (Affymetrix Inc)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the actual and reasonable cost thereof, including the actual and reasonable cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, water or heat or air ah” conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant’s consumption of electricity shall exceed two (2) xxxxx connected load per square foot of usable area of the Premises, calculated on a monthly basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, upon billingwithin thirty (30) days after billing and as additional rent, the cost of such excess utility consumption, the cost of the installation, operation, ) and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately sub-meter any increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within thirty (30) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall reimburse give Landlord for the actual such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such heating, ventilating and air conditioning to Tenant at such hourly cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilitiesTenant as Landlord shall from time to time establish, which cost shall be equitably prorated among all Building occupants (other no more than the Bankcosts of similar after hours services customarily imposed by landlords of similar buildings in Downtown Palo Alto, and (iii) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of Tenant shall pay such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole costcost within thirty (30) days after billing, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACadditional rent.
Appears in 1 contract
Samples: Lease (Invitae Corp)
Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, which shall not be unreasonably withheld, use heat-generating machines, machines other than normal office machines, or equipment or lighting other than Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon within thirty (30) days following billing, the cost of such excess utility consumption, the reasonable cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installed, and Landlord may install devices to separately meter (or sub-meter meter) any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on within thirty (30) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. In addition, in the event that there is located in the Premises a data center containing high density computing equipment, as defined in the U.S. EPA’s Energy Star® rating system (“Energy Star”), Landlord may require the installation in accordance with Energy Star of separate metering or check metering equipment, in which event (i) Tenant shall pay the costs of any such meter or check meter directly to Landlord, within thirty (30) days after demand, including the installation and connectivity thereof, (ii) Tenant shall directly pay to the utility provider all electric consumption on any meter, and (iii) Tenant shall pay to Landlord, as Additional Rent, all electric consumption on any check meter within thirty (30) days after being billed thereof by Landlord, in addition to other electric charges payable by Tenant under the Lease. In the event that Tenant purchases any utility service directly from the provider, Tenant shall promptly provide to Landlord either permission to access Tenant’s usage information from the utility service provider or copies of the utility bills for Tenant’s usage of such services in a format reasonably acceptable to Landlord. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed; provided, however, Tenant (i) the foregoing restriction shall have not apply to general office use of printers and personal computers on the rightdesktops of Tenant’s employees, subject and (ii) to the terms extent the “Approved Working Drawings,” as that term is set forth in Section 3.4 of Article 8the Tenant Work [535 Mission Street] Letter, to increase creates separately ventilated “computer” and/or “data center” rooms, the foregoing restriction shall not apply within such capacitydesignated areas. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the such prior notice, if any, as Landlord shall from time to time reasonably establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at Landlord’s actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities(which shall be treated as Additional Rent), which shall include the costs of the electricity consumed by such HVAC (unless paid for directly by Tenant), the costs of increased depreciation and maintenance costs on the Base Building HVAC equipment, and Landlord’s standard administration fee. Landlord shall have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance; provided, however, that Landlord may not charge Tenant more than Landlord would be charged for similar work performed for Landlord’s own account. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costsadditional services, including Landlord’s reasonable standard fee for its involvement with such additional services, promptly upon being billed for same. If Landlord declines to provide any additional service requested by Tenant, Tenant shall have the actual calculation being right to hire a third-party service provider to perform such service, subject to the actual rates charged by the utilities. Landlord shallLandlord’s approval of such third-party service provider, at its sole costwhich approval shall not be unreasonably withheld, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACconditioned or delayed.
Appears in 1 contract
Samples: Office Lease (Trulia, Inc.)
Overstandard Tenant Use. Tenant shall not, without Landlord's prior written consent (which shall not be unreasonably withheld, conditioned or delayed), use heat-generating machines other than normal office machines incidental to the conduct of general office business, or equipment or lighting other than Building standard lights in the Premises, which affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon within thirty (30) days of billing, the actual additional cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and, to the extent no previously installedand if Tenant is a habitual user of such excess services, Landlord may require Tenant to install devices to separately sub-meter any increased use and in such event Tenant shall pay the actual increased cost directly to Landlord, on demandas Additional Rent, at the actual rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering (or sub-metering) devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Property Project or the risers or wiring installation; provided, however, Tenant shall have the right, and subject to the terms of Article 8Section 29.31, to increase such capacity. Notwithstanding anything below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises other than those incidental to the contrary in this Leaseconduct of general office business, Tenant may operate without the HVAC within the Premises at its discretion; providedprior written consent of Landlord, howeverwhich shall not be unreasonably withheld, if conditioned or delayed. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse give Landlord for the actual cost such prior notice, if any, as Landlord shall from time to time establish as appropriate, of supplying chilled water and gas Tenant's desired use in order to the Premises during non-Building Hours at the actual rates charged by the supply such utilities, and Landlord shall supply such utilities to Tenant the hourly cost set forth above in Section 6.1.6 (which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, treated as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVACAdditional Rent).
Appears in 1 contract
Samples: Office Lease (Skechers Usa Inc)