Common use of Overstandard Tenant Use Clause in Contracts

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.)

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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: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (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 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: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (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 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 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: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (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 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 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: Office Lease (Websense Inc), Office Lease (Websense 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 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: Consent to 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 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 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 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

Samples: Office Lease (Yelp Inc), Office Lease (Yelp 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 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 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 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 (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. Tenant shall not, without Landlord’s prior written consent, use equipment or lighting that materially affects the temperature otherwise maintained by the air conditioning system in the Premises. If Tenant uses water, electricity, heat or air conditioning water in excess of that required to be 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 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, 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 LeaseLease (the “After-Hours HVAC”), 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 utilitiessuch prior notice, 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 costif any, 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 HVAC.desired use in order to supply such After-

Appears in 2 contracts

Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, 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: Multi Tenant Space Lease (Nevro Corp), Multi Tenant Space Lease (Nevro 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 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: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (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 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: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (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 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 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. 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) watts per useable square foot of the Premises, connected load, calcuxxxxx 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 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) days after billing.

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, which consent 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 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 Landlord’s actual cost of providing such excess utility consumption, without profit or overhead, but including 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 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 installation 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 give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate (provided that in no event shall Tenant be required to give more than two (2) hours’ prior written notice in connection therewith), 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 calculate to reimburse Landlord for the its 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 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 as set 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 HVACin this Section 6.2 above.

Appears in 1 contract

Samples: Lease (BioAtla, Inc.)

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 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, Tenant 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 three (3) xxxxx connected load per square foot and one (1) watt per square foot of usable area of the Leased Premises for lighting, calculated on a monthly basis for the hours described in Section 7.1(a) 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 (Nuvectra 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 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, or if Tenant’s consumption of electricity shall exceed its pro rata share of the Building’s electrical capacity as reasonably determined by Landlord, 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, and the cost of the increased wear and tear on existing equipment caused by such excess consumption. Furthermore, if after Landlord’s delivery to the extent no previously installedTenant of written notice of such excess consumption and providing Tenant at least thirty (30) days to cure such excess consumption, Tenant fails to cure such excess consumption (as reasonably determined by Landlord), Landlord may install devices to separately sub-meter Tenant’s electrical use or any such increased use use, and in such event Tenant shall pay pay, as additional rent, the increased cost directly to Landlord, on within ten (10) business 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 In all events, in the case of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provideda multi-tenant building, however, Tenant Landlord shall have the right, subject right at its own expense to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within submeter the Premises at its discretion; providedand bxxx Tenant directly for any utilities used by Tenant, howeverand in such event Tenant shall pay Landlord for such utility usage, if as additional rent, within ten (10) business days of Tenant’s receipt of a bxxx therefor. 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 (which, as of the actual cost of supplying chilled water and gas to the Premises during non-Building Hours Commencement Date, is set at the actual rates charged by the utilities$35.00 per hour, 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 but is subject to the actual rates charged change by the utilities. Landlord shallat any time), at its sole costand (iii) Tenant shall pay such cost within ten (10) business 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 (Intervoice Inc)

Overstandard Tenant Use. If Tenant uses shall not, without Landlord’s prior written consent (which consent may not be unreasonably withheld, conditioned or delayed), (i) 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 adversely affect the temperature otherwise maintained by the air conditioning system, or (ii) materially increase the water, electricityincluding, heat or air conditioning without limitation, as a result of the use of any kitchen areas and/or executive washrooms and/or showers installed in the Premises (unless Tenant agrees to pay for such excess of that supplied water) normally furnished for the normal office use for the Premises by Landlord pursuant to the terms of Section 6.1 6.1.3 above. In addition, except as expressly provided in Section 6.1.7 above with respect to Tenant’s use of this Leaseelectricity from the Additional Power Source for Tenant’s Data Center and the Supplemental HVAC Equipment, and use of electricity from any other Supplemental Electrical Equipment installed by Tenant, 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 in excess of the quantities to be provided by Landlord for normal office use pursuant to Section 6.1.3 above, or if Tenant’s consumption of electricity exceeds the Consumption Standard (as defined below), then Tenant shall pay to Landlord, upon billingwithin thirty (30) days after invoice (which invoice shall include a detailed description of the applicable charges), the cost sum of: (A) the Actual Cost (as defined below) of such excess consumption based upon utility consumptionrates paid by Landlord, plus a three and one-half percent (3.5%) surcharge on such consumption costs to cover Landlord’s administrative costs; plus (B) the cost Actual Cost of the installation, operationoperation (but not including utility charges to the extent separately metered to the Premises and paid by Tenant), 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 plus (C) the cost of the increased wear and tear and depreciation on existing equipment caused by 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 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 HVACdetermined by Landlord in accordance with sound real estate management practices consistently applied.

Appears in 1 contract

Samples: Office Lease (United Online 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 four (4) wattx xxx 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 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 Landlord's actual hourly cost of supplying chilled water and gas (including any start-up fees) as Landlord shall from time to the Premises during non-Building Hours at the actual rates charged by the utilitiestime establish, which actual hourly 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 include a reasonable amount attributable to increased wear and tear on existing equipment caused by 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, overhead and accounting costs, and (iii) Tenant shall pay such cost within thirty (30) days after billing.

Appears in 1 contract

Samples: Office Lease (Medstrong International Corp)

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 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, 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, (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 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 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

Samples: Office Lease (Rockley Photonics Holdings 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 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

Samples: Office Lease (Concur Technologies Inc)

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 ./ -/// -24- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals 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. 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 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 that Landlord agrees that the foregoing restriction shall not apply to (i) general office use of printers and personal computers on the desktops of Tenant's employees, and (ii) separately ventilated "computer" and/or "data center" rooms approved and constructed by or for Tenant pursuant to the terms of Exhibit B or 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, which amount is currently anticipated to total Seventy-Five and No/100 Dollars (other than the Bank$75.00) operating HVAC during the same nonper hour per full-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 HVACfloor zone.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

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: Assignment and Assumption of Lease (Halozyme 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 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 Bankbut based on 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 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 1 contract

Samples: Lease Agreement (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 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 within thirty (30) days of 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 within thirty (30) days 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 '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, howeverexcept for desktop computers and printers, if without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during outside of normal business hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of as set forth in Section 6.1 6.1.1 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 Workdate of this Lease, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s such after-hours HVACcharges are $100 per hour to run the fans and $380 per hour for heating, with a four-hour minimum.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

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 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 (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. 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, 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. 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

Samples: Office Lease (Women First Healthcare 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

Samples: Office Lease (Nabriva Therapeutics PLC)

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, which consent 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 unreasonably affect the temperature otherwise maintained by the air conditioning system or unreasonably 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 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 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 reasonably appropriate, of Tenant's desired use and Landlord shall supply such HVAC 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 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 contrary, any HVAC or other service necessary to accommodate a computer server room requiring the actual rates charged by the utilities, which cost shall installation of additional cooling equipment 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 (INX Inc)

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

Samples: Office Lease (Summit Healthcare REIT, 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 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 (Viking 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 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 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 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 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 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. Except as otherwise approved pursuant to the Tenant Work Letter attached as Exhibit B, 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 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, 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 hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish, which shall be at Landlord’s actual cost of supplying chilled water and gas to the Premises during nonwithout xxxx-Building Hours at the actual rates charged by the utilitiesup, 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 HVACdate of this Lease is $55.00 per hour.

Appears in 1 contract

Samples: Lease Agreement (Biomarin Pharmaceutical 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 that may affect the temperature otherwise maintained by the air-conditioning system or increase the water normally furnished to the Premises by Landlord under section 15. 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. On billing by Landlord, Tenant shall pay the cost for such supplementary facilities, including the cost of (a) installation, operation, and maintenance; (b) increased wear and tear on existing equipment; and (c) other similar charges. If Tenant uses water, electricity, heat heat, or air air-conditioning in excess of that required to be supplied by Landlord pursuant to Section 6.1 of this Leaseunder section 15.1, Tenant shall pay to Landlord, upon on billing, the cost of such (a) the excess utility consumption, the cost of the service; (b) installation, operation, and maintenance of equipment which is required to be installed in order to supply such the excess service; and (c) 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. On demand, 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 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, . If 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 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 Section 6.1 of this Leaseunder section 15.1, Tenant shall reimburse give Landlord such prior notice as Landlord shall from time to time establish as appropriate, and Landlord shall supply such utilities to Tenant at an hourly cost to Tenant as Landlord shall from time to time establish. Amounts payable by Tenant to Landlord under this section 15.4 for the actual cost 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 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

Samples: Gross Lease Agreement

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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

Samples: Office Lease (Forge Global 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. 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 of this Lease6.1, 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 (Specialty Laboratories 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)

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 and unreasonably affect the temperature otherwise maintained by the air conditioning 795344.01/WLA 377082-00004//ejs/ejs -20- 000 X. Xxxxxxxx Xxxxxxxxx [Arrowhead Pharmaceuticals, Inc.] 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 materially 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 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; andand Landlord may, to the extent no previously installedin its reasonable discretion, 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 reasonable 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, however, if without the prior written consent of Landlord except for such equipment as is typically installed by tenants of Class A office buildings. 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 per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time reasonably establish. 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 utilities, its 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

Samples: Office Lease (Arrowhead Pharmaceuticals, Inc.)

Overstandard Tenant Use. If Tenant uses water, electricity, heat 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 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 reasonable cost of the increased wear and tear on existing equipment caused by such excess consumption (provided that in no event shall any such amount include any other xxxx-up or overhead added thereto); 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 heatHVAC during non-Building Hours, ventilation or air conditioning during hours other than those for which 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 pursuant HVAC, and Landlord shall provide such HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. As of the terms of Section 6.1 date of this Lease, Landlord’s charge for after hours heating and air conditioning service is $300.00 per hour per three (3) floor increments selected by Tenant shall reimburse Landlord for in Tenant’s sole discretion (subject to change from time to time only due to and to the extent of changes in the actual cost of supplying chilled water costs to Landlord without markup), and gas Landlord’s charge for after hours ventilation is $90.00 per hour per floor for fans (subject to change from time to time only due to and to the Premises during non-Building Hours at extent of changes 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 costscosts to Landlord without markup), with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part a minimum of the Core and Shell Work, provide a cloud-based software system two (Workspeed2) to allow Tenant to control Tenant’s after-hours HVACper request.

Appears in 1 contract

Samples: Office Lease (Okta, 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 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 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 (or an equitable portion thereof, if such equipment serves more than one tenant), 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 (or sub-metering) devicesan equitable portion thereof, if such devices serve more than one tenant). 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 below, and except for office calculators, dictation equipment, copier machines, personal computers, and other similar office equipment consistent with general office use in this LeaseComparable Buildings, 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 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 reasonable 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 Tenant at an hourly rate of Forty-Five Dollars ($45.00), which rate shall be subject to increase but only to the Premises during nonextent that Landlord’s “Actual Cost” (defined below) 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 (other than the Bank) operating HVAC during the same non-Building Hourstreated as Additional Rent). For purposes of an examplethis Lease, Exhibit K“Actual Cost” shall mean the actual cost incurred by Landlord, attached heretoas reasonably determined by Landlord but without charge for depreciation, sets forth 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 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 Tenantshall be deemed Landlord’s after-hours HVAC“Actual Cost.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, 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 LeaseLease (such as by way of example only, electricity for heat or air conditioning for a server room), 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 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 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 (Selectica 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 (if such excess consumption is not ceased within 3 days of written notice), 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 if such excess consumption is not ceased within 3 days of written notice 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: Assignment and Assumption of Lease (Halozyme 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 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 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 (Cotherix 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

Samples: Office Lease (Foundation Health 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 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 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 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 Lease, Tenant shall reimburse order the same via Landlord’s web-based work order system and Landlord shall supply HVAC to Tenant at such hourly, full-floor cost to Tenant as Landlord shall from time to time establish in its discretion, which is currently $235.00 per hour for standard after-hours services and $95.00 per hour for fan service (air circulation) only, each subject to a four (4) hour minimum. 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 area comparable to the utilitiesBuilding. Notwithstanding herein to the contrary, 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 (Capitol Investment Corp. V)

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, 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 equipment or lighting that materially affects the temperature otherwise maintained by the air conditioning system in the Premises. If Tenant uses water, electricity, heat or air conditioning water in excess of that required to be 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 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, 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 LeaseLease (the "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 shall supply such After-Hours HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. As of the date hereof, After-Hours HVAC is provided at $76.46 per hour per floor ($40.00 per hour per floor for fan only service). Such rates are subject to increase during the Lease Term to the extent 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 cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during providing the same non-Building Hoursincreases. For purposes of an exampleIf Tenant requests any additional services from Landlord (such as locksmithing, Exhibit Klamp replacement, attached heretoadditional janitorial service, sets forth and additional repairs and maintenance), then Tenant shall pay to Landlord the calculation cost of such actual utilities costsadditional services, including Landlord's standard fee for its involvement with the actual calculation such additional services, within thirty (30) days after 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 (Kite Pharma, Inc.)

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 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 in either case in a manner that materially and adversely affects the Building. 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 actual and reasonable cost thereof, including the cost of installation, operation and maintenance, and increased wear and tear on existing equipment, shall be paid by Tenant to Landlord within thirty (30) days of billing by Landlord, which billing shall include reasonable documented evidence of all such costs. 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, which billing shall include reasonable documented evidence of all such costs, 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, and Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the actual and reasonable increased cost directly to LandlordLandlord (within thirty (30) days of Tenant’s receipt of a xxxx therefor, on demand, at the rates charged by the public utility company furnishing the sametogether with reasonable documented evidence of such costs), 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, 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. Landlord agrees that the operational controls for the Building’s mechanical systems shall be designed to enable Tenant, through the use of an automated HVAC control system, to increase such capacity. Notwithstanding anything to remotely control the contrary in this Lease, Tenant may operate operation of the HVAC within fans and/or the cooling tower systems serving the Premises and to engage such equipment from the Premises at its discretion; provided, however, if times when Tenant desires to use such 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. Notwithstanding anything to the contrary herein, there shall be no charge for after-hours use of the HVAC fans if Tenant elects to do so without running the HVAC condenser system. If Tenant elects to run the HVAC condenser system, Tenant shall reimburse Landlord for pay to Landlord, within thirty (30) days following Tenant’s receipt of Landlord’s billing, 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 HVACHVAC consumption at the Building’s then standard after-hours rate which as of the date of this Lease is $150.00 per hour. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the installation of any gas service to the Premises, including but limited to the Cafeteria.

Appears in 1 contract

Samples: Office Lease (Atlassian Corp PLC)

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 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 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, 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

Samples: Office Lease (Allied Esports Entertainment, 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. 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

Samples: Office Lease (1st Pacific Bancorp)

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 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 The terms of this Section 6.2.1 shall be applicable only to that portion of the Premises located in Building C. 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; provided, Tenant however, Landlord hereby consents to the use of office machines installed in the Premises as of the date of this Lease. If such consent is given, Landlord shall pay have the right to Landlordinstall supplementary air conditioning units or other facilities in the Premises, upon billingincluding supplementary or additional metering devices, and 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 samethereof, including the cost of such additional metering (or sub-metering) devicesinstallation, 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. 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 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; provided, however, such hourly cost will be limited to an amount reasonably determined by Landlord to reimburse Landlord for the actual cost of supplying chilled water excess wear and gas to tear on the applicable HVAC equipment (and shall expressly not include utility charges since 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 HVACis separately metered).

Appears in 1 contract

Samples: Office Lease (Ixia)

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

Samples: Office Lease (Franchise Mortgage Acceptance Co)

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. 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

Samples: Office Lease (Castlight Health, 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 (such, as for example only, server blades, IT equipment, UPS back-up power, supplemental HVAC units and commercial cooking equipment), 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 data storage and/or 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 at least 15-minutes prior notice 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 two (2) hour minimum for the usage not immediately preceding or following Building Hours) at an hourly cost to Tenant (which shall be treated as Additional Rent) equal to 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 cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during providing the same non-(i.e., currently $80.00 per hour, with 2 hours minimum [or one (1) hour minimum for usage immediately preceding or immediately following 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“After Hours HVAC Rate”).

Appears in 1 contract

Samples: Office Lease (Xponential Fitness, 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”).

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, 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. 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 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 Landlord’s 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 (AssetMark Financial Holdings, Inc.)

Overstandard Tenant Use. Tenant shall not, without Xxxxxxxx’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 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 10.1 of this Lease. If such consent is given, Tenant shall, with the reasonable approval of Landlord of plans and specifications therefor, install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices (to the extent necessary to eliminate the material, adverse effect), 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 after written notice thereof. If Tenant uses water, electricity, heat water or air conditioning electricity in excess of that supplied by Landlord pursuant to Section 6.1 10.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of Landlord within thirty (30) days after written notice thereof all actual costs incurred by Landlord in connection 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 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 sameLandlord within ten (10) business days after receipt of written notice, including the cost of such additional metering (or sub-metering) devicesdevices if such devices indicate there has been excess consumption. 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 10.1 of this Lease, Tenant shall reimburse give Landlord such reasonable 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 to Tenant as Landlord shall from time to time establish for the actual cost Building, which rate is, as of supplying chilled water the date of this Lease, Sixty Dollars ($60.00) per hour per floor. The hourly charge for such excess HVAC use shall not increase for the first thirty-six (36) months of the Term of this Lease, but may change thereafter from time-to-time throughout the Lease Term if and gas to the Premises during non-Building Hours at the extent Landlord’s actual rates charged by the utilities, which cost costs in providing such service increase provided that Landlord can substantiate such increase. There 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 no minimum charge for 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, except for any such service ordered for a Saturday, Sunday or Holiday, in which case there shall be a minimum charge equal to four (4) hours of use. 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 hours or days during which air conditioning, heating and ventilation are provided to the Premises and the Building to accommodate the usage by tenants occupying two-thirds or more of the rentable square feet of the Building or Project.

Appears in 1 contract

Samples: Office Lease (Health Net 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 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: Sublease Agreement (Amplitude, Inc.)

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, which consent shall not be unreasonably withheld, conditioned or delayed, 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 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, following notice to Tenant, to install supplementary facilities and equipment in or servicing the Premises, including supplementary or 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, 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 the increased wear and tear on existing equipment caused by such additional metering (or sub-metering) devicesexcess consumption. 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 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 The current rate for 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 services is $115.00 per hour for after-hours HVACheating, ventilating and air conditioning and $35.00 per hour for air circulation only.

Appears in 1 contract

Samples: Office Lease (Forrester Research, 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 (excluding computer servers provided such equipment does not exceed the electrical capacity (except as hereinafter expressly permitted) of the Premises as specified in Section 6.1.2 and Tenant installs, at its sole cost (which may be paid from the Tenant Improvement Allowance, subject to the terms, conditions and restrictions of Exhibit B) supplemental cooling equipment as needed to accommodate such use), or lighting other than Building Standard lights in the Premises, or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If Tenant desires to exceed the electrical capacity of the Premises stated in Section 6.1.2 as a result of current or future needs of Tenant, Tenant shall first obtain the written consent of Landlord, which shall not be unreasonably withheld; provided, however, it shall not be unreasonable for Landlord to withhold such consent if (i) Landlord would be required to modify or increase the electrical capacity of the Building or Property to supply such additional electricity to the Premises (unless Tenant agrees to bear the cost of such modification or increase), or (ii) if, as a result of supplying such excess electricity to Tenant, Landlord would be unable to furnish any other tenant of the Building with adequate electrical capacity to support its use. If Tenant uses water, electricity, heat or air conditioning in excess of that typically supplied by Landlord pursuant to Section 6.1 office users in the Building (or, if applicable, in excess of that specifically required to be provided to Tenant under 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 Lines in the Premises at its discretion; providedPremises, howeverwithout the prior written consent of Landlord, if such consent not to be unreasonably withheld. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities services 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 services, and Landlord shall supply such services 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, which is currently $40/hour or portion thereof. 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 (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, 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 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, 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) wattx xxx 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: Office Lease (Avigen Inc \De)

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