Common use of Overstandard Tenant Use Clause in Contracts

Overstandard Tenant Use. Tenant shall not without Landlord’s prior written consent, use heat-generating 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 above. 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 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, (i) Tenant shall give Landlord 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, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Appears in 3 contracts

Samples: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)

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Overstandard Tenant Use. Tenant shall not not, without Landlord’s prior written consent, use heat-generating 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 above. , 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 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, (i) Tenant shall give Landlord 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, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Appears in 1 contract

Samples: Lease (Turning Point Therapeutics, Inc.)

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, : (a) use heat-generating machines, machines other than normal office machines, or equipment or equipment; (b) lighting other than Building standard lights set forth in the Premises, which Standard Improvement Package; (c) allow occupancy of the Premises by more than one person for each one hundred fifty (150) square feet of Rentable Area; or (4) make any other use of the Premises that may affect the temperature otherwise maintained by the air heating, ventilating and air-conditioning system or increase the need for water normally furnished for the Premises installed by Landlord pursuant to service the Building as described in Section 1.2.2 of the Tenant Work Letter. Should Landlord consent to any such use, Landlord may make such modifications or additions to the terms Building Systems or install such supplementary systems as Landlord, in its sole discretion, deems necessary as the result of Section 6.1 abovesuch use. If such consent is givenOn billing by Landlord, Landlord Tenant shall have the right to install supplementary air conditioning systems or equipment in the Premises, including supplementary or additional metering devices, and pay the cost thereoffor such modifications, additions and/or supplementary systems, including the cost of (a) installation, operation and maintenance, maintenance of equipment; (b) increased wear and tear on existing equipment equipment; and (c) other similar charges, . Any modifications or additions to the VAV and fan-powered terminal boxes located within the Premises required as the result of such use shall be paid done by Tenant to Landlord upon billing by Landlordat its sole cost and expense. Tenant's use of electricity shall never exceed the capacity of the feeders serving the Building and Premises or the risers or wiring installation. If Tenant desires wishes to use heat, ventilation ventilation, or air air-conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of under Section 6.1 of this Lease11.1, (i) Tenant shall give Landlord such prior notice, notice as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) and Landlord shall endeavor to supply such utilities services to Tenant at such an hourly cost to Tenant as shall be calculated to reimburse Landlord shall from time to time establish, and (iii) for the cost of supplying same. Amounts payable by Tenant shall pay such cost to Landlord within ten (10) days after billing, as under this Section 11.2 for use of additional rent. The hourly after-hours HVAC cost utilities shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based considered Additional Rent under this Lease and shall be billed on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACmonthly basis.

Appears in 1 contract

Samples: Sublease Agreement (Starent Networks, Corp.)

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building 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 aboveof this Lease. If such consent is givenTenant uses water, Landlord shall have the right to install supplementary electricity, heat or air conditioning systems or 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 consumption, the cost of the installation, operation, and maintenance of equipment which is installed in the Premises, including supplementary or additional metering devicesorder to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordon demand, including the cost of such additional metering devices. 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, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) use and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and establish (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost which shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACtreated as Additional Rent).

Appears in 1 contract

Samples: Office Lease (U S Interactive Inc/Pa)

Overstandard Tenant Use. Tenant shall not 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 substantially affect the temperature otherwise maintained by the air conditioning system or increase unless Tenant installs adequate supplementary air conditioning units as part of the need for water normally furnished for initial “Improvements” (as that term is defined in Section 2.1 of the Work Letter Agreement) to the Premises by Landlord or as “Alterations” (as that term is defined in Section 8.1 of this Lease) authorized pursuant to the terms of Section 6.1 abovethis Lease. If such consent is given, or if Tenant fails to install adequate supplementary air conditioning units, then Landlord shall have the right to install supplementary air conditioning systems units or equipment 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 desires to use heatuses water, ventilation electricity, heat or air conditioning (“HVAC”) during hours other than those for which in excess of that supplied by Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease (for example, (i) Tenant shall give Landlord such prior noticeHVAC in excess of that required for normal comfort for normal office use in the Premises and/or HVAC requested outside of Building Hours), 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, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after Landlord, upon billing, as additional rent. The hourly after-hours HVAC the cost shall be equal to (A) of such excess consumption, the actual cost incurred by Landlord of the installation, operation, and maintenance of equipment which is installed in order to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision excess consumption, and the cost of such after-hours HVAC, (B) the increased wear and tear on existing equipment caused by such excess consumption; *** Confidential portions of this document have been redacted and depreciation of equipment to provide such after-hours HVAC, and (C) filed separately with the pro rata maintenance costs related to such after-hours HVACCommission.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which Premises that may affect the temperature otherwise maintained by the air air-conditioning system or increase the need for water normally furnished for to the Premises by Landlord pursuant to the terms of Section 6.1 aboveunder section 10. 1. If such consent is given, Landlord shall have the right to install supplementary air air-conditioning systems units or equipment other facilities in the Premises, including supplementary or additional metering devices. On billing by Landlord, and Tenant shall pay the cost thereoffor such supplementary facilities, including the cost of (a) installation, operation operation, and maintenance; (b) increased wear and tear on existing equipment; and (c) other similar charges. If Tenant uses water, electricity, heat, or air-conditioning in excess of that required to be supplied by Landlord under section 10.1, Tenant shall pay to Landlord, on billing, the cost of (a) the excess service; (b) installation, operation, and maintenance of equipment installed to supply the excess service; and (c) increased wear and tear on existing equipment caused by Tenant's excess consumption. Landlord may install devices to separately meter any increased use. On demand, Tenant shall pay the increased cost directly to Landlord, including the cost of the additional metering devices. Tenant's use of electricity shall never exceed the capacity of the feeders serving the Building and other similar charges, shall be paid by Tenant to Landlord upon billing by LandlordPremises or the risers or wiring installation. If Tenant desires wishes to use heat, ventilation ventilation, or air 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 Leaseunder section 10.1, (i) Tenant shall give Landlord such prior notice, notice as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) and Landlord shall supply such utilities to Tenant at such an hourly cost to Tenant as Landlord shall from time to time establish, and (iii) . Amounts payable by Tenant shall pay such cost to Landlord within ten (10) days after billing, as under this section 10.2 for use of additional rent. The hourly after-hours HVAC cost utilities shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based considered Additional Rent under this Lease and shall be billed on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACmonthly basis.

Appears in 1 contract

Samples: Office Lease (Quokka Sports Inc)

Overstandard Tenant Use. Tenant shall not 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 building standard lights in the PremisesPremises (provided that each of Tenant’s employees shall have the right to use one (1) desk lamp), 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 aboveof this Lease. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Landlord or if Tenant’s consumption of electricity shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) xxxxx per usable square foot of the Premises, including supplementary or 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, within ten (10) days after billing and as additional metering devicesrent, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use, and in such event Tenant shall be paid by Tenant pay, as additional rent, the increased cost directly to Landlord upon billing by Landlord, within ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) 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 LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities HVAC to Tenant at such hourly an additional cost to Tenant as Landlord shall from time to time establishof $40.00 per hour, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Appears in 1 contract

Samples: Office Lease (Riverbed Technology, Inc.)

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Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building 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 aboveof this Lease. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Landlord or if Tenant's consumption of electricity shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) xxxxx per usable square foot of the Premises, including supplementary or additional metering devicesconnected load, calculated on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) 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 LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) Landlord shall supply such utilities after-hours HVAC to Tenant at such hourly Landlord's actual cost (including reasonable depreciation and wear and tear on equipment) of providing same, plus a ten percent (10%) administration fee to Tenant as Landlord shall from time to time establishcover administrative and accounting costs, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Appears in 1 contract

Samples: Office Lease (Styleclick Inc)

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal office machines, or equipment or lighting other than Building building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning HVAC system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 above5.1 of this Lease. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 5.1 of this Lease, Landlord or if Tenant's consumption of electricity (exclusive of Building-standard HVAC and Building-standard lighting) shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) xxxxx per rentable square foot of the Premises, including supplementary or additional metering devicesconnected load, calculated on a monthly basis during the Building Hours set forth in Section 5.1.1 above, then Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) 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 LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) Landlord shall supply such utilities after-hours HVAC to Tenant at such hourly cost to Tenant rate as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord charges within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Appears in 1 contract

Samples: Office Lease (Allos Therapeutics Inc)

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building 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 above. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 above, Landlord or if Tenant's consumption of electricity shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) xxxxx per usable square foot of the Premises, including supplementary or additional metering devicesconnected load, calculated on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning HVAC from other than the HVAC Units (“HVAC”if applicable) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) Landlord shall supply such utilities after- hours HVAC to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, billing as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACAdditional Rent hereunder.

Appears in 1 contract

Samples: Office Lease (Sierra Oncology, Inc.)

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