Service and Utilities. Landlord shall furnish the following services and amenities to the Medical Office Space: At all times, domestic water at those points of supply provided for general use of the tenants of the Building; Electric lighting service, central heat, ventilation and air conditioning to the Leased Premises twenty-four (24) hours a day, seven (7) days a week, for the comfortable occupancy of the Medical Office Space for Tenant’s purposes; From 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturdays (“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric lighting service, central heat, ventilation and air conditioning for all public areas and special service areas of the Building (other than the Hospital Space); Janitor service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord during the periods and hours as such services are normally furnished to all tenants in the Building; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; Twenty-four (24) hours a day, seven (7) days a week, electrical facilities to furnish (i) power to operate typewriters, personal computers, calculating machines, photocopying machines and other equipment that operates on 120/208 volts (collectively, the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx per square foot of Net Rentable Area of the Medical Office Space and (ii) power to operate Tenant’s lighting and Tenant’s equipment that operates on 277/480 volts (collectively, the “High Power Equipment”); provided, however, total rated connected load by the High Power Equipment shall not exceed an average of two (2) xxxxx per square foot of Net Rentable Area of the Medical Office Space. In the event that the Tenant’s connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord agrees to provide such additional load capacities to Tenant (such determination to be made by Landlord in its sole discretion), then Landlord may install and maintain, at Tenant’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by Landlord, in Landlord’s discretion, to accommodate Tenant’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Space per month, Tenant shall pay to Landlord the actual costs to Landlord to provide such additional consumption as Additional Rent. Landlord may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Medical Office Space installed, maintained, and read by Landlord at Tenant’s expense. If any supplemental heating, ventilation and air-conditioning unit is installed in the Medical Office Space or serves the Medical Office Space (the “Supplemental HVAC Equipment”), Landlord shall install and maintain electrical submeters, at Tenant’s expense, to monitor Tenant’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant shall reimburse Landlord for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. All Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas outside of the Medical Office Space, rest rooms and stairwells; and (other than the Hospital Space). (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Landlord shall furnish the following services and amenities to the Hospital Space: At all times, domestic water at those points of supply provided for general use of the tenants of the Building; Use of the cooling tower for the Building sufficient to permit Tenant to provide central heat, ventilation and air conditioning to the Hospital Space 24 hours per day, 7 days per week; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Tenant shall furnish the following to the Building, at Tenant’s sole cost and expense: Electric power for the non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant shall default in the performance of any of the foregoing covenants at any time, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Space or portion thereof, as the case may be, (a “Meter”) to measure the amount of electric current consumed in the Medical Office Space. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. No interruption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such case, to the extent the Leased Premises or any portion thereof is untenantable, Tenant shall receive an abatement of Rent and all other charges payable hereunder on a per diem basis, commencing on the fourth (4th) business day and continuing until such services are restored and if such interruption continues for more than forty-five (45) consecutive days Tenant may terminate this Lease. In the event less than the entire Leased Premises is subject to such service interruption, the amount of abatement of Rent and other charges Tenant is entitled to receive shall be prorated based upon the percentage of the Leased Premises subject to the service interruption and in which Tenant ceases to operate as a result thereof. In the event of any such interruption within Landlord’s reasonable control, however, Landlord shall use reasonable diligence to restore such service.
Appears in 2 contracts
Samples: Lease Agreement (University General Health System, Inc.), Lease Agreement (University General Health System, Inc.)
Service and Utilities. A. Landlord shall furnish the following services and amenities (collectively, the “Required Services”) to Tenant (and its assignees and sublessees permitted hereunder) while occupying the Medical Office Space: Leased Premises:
(1) At all times, domestic water at those points of supply provided for general use of the tenants of the Building; ;
(2) Electric lighting service, central heat, ventilation and air conditioning to the Leased Premises twenty-four (24) hours a day, seven (7) days a week, for the comfortable occupancy of the Medical Office Space Leased Premises for Tenant’s purposes; ;
(3) From 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturdays (“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric lighting service, central heat, ventilation and air conditioning for all public areas and special service areas of the Building. Notwithstanding the foregoing, Landlord shall provide electric lighting service, central heat, ventilation and air conditioning to the lobby of the Building twenty-four (other than the Hospital Space); 24) hours a day, seven (7) days a week;
(4) Janitor service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord during the periods and hours as such services are normally furnished to all tenants in the Building; ;
(5) At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; ;
(6) Twenty-four (24) hours a day, seven (7) days a week, electrical facilities to furnish (i) power to operate typewriters, personal computers, calculating machines, photocopying machines and other equipment that operates on 120/208 volts (collectively, the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx per square foot of Net Rentable Area of the Medical Office Space Leased Premises and (ii) power to operate Tenant’s lighting and Tenant’s equipment that operates on 277/480 volts (collectively, the “High Power Equipment”); provided, however, total rated connected load by the High Power Equipment shall not exceed an average of two (2) xxxxx per square foot of Net Rentable Area of the Medical Office SpaceLeased Premises. In the event that the Tenant’s connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord agrees to provide such additional load capacities to Tenant (such determination to be made by Landlord in its sole discretion), then Landlord may install and maintain, at Tenant’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by Landlord, in Landlord’s discretion, to accommodate Tenant’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Space Leased Premises per month, Tenant shall pay to Landlord the actual costs to Landlord to provide such additional consumption as Additional Rent. Landlord may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Medical Office Space Leased Premises installed, maintained, and read by Landlord at Tenant’s expense. If any supplemental heating, ventilation and air-conditioning unit is installed in the Medical Office Space Leased Premises or serves the Medical Office Space Leased Premises (the “Supplemental HVAC Equipment”), Landlord shall install and maintain electrical submeters, at Tenant’s expense, to monitor Tenant’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant shall reimburse Landlord for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. .
(7) All Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas outside of the Medical Office SpaceLeased Premises, rest rooms and stairwells; and and
(other than the Hospital Space). (Except as set forth in Section 8(C) below, non8) Non-exclusive passenger elevator service to the Building Leased Premises at all times and non-exclusive freight elevator service during Business Hours. Landlord shall furnish the following services and amenities to the Hospital Space: At all times, domestic water at those points of supply provided for general use of the tenants of the Building; Use of the cooling tower for the Building sufficient to permit Tenant to provide central heat, ventilation and air conditioning to the Hospital Space 24 hours per day, 7 days per week; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Tenant shall furnish the following to the Building, at Tenant’s sole cost and expense: Electric power for the non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant shall default in the performance of any of the foregoing covenants at any time, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) .
B. Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Space Leased Premises or portion thereof, as the case may be, (a “Meter”) to measure the amount of electric current consumed in the Medical Office SpaceLeased Premises. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. The parties acknowledge that a portion of the first floor of the Building consisting of approximately 4,889 square feet of Net Rentable Area is leased by Landlord to another tenant. The electrical current consumed by such tenant shall be billed to Tenant as a result of the installation of the Meter. Therefore, Landlord hereby agrees to reimburse Tenant a pro rata portion of Tenant’s electrical xxxx based on a fraction, the numerator of which is 4,889 and the denominator of which is 69,050, within ten (10) days after receipt of an invoice for same and a copy of such xxxx.
C. No interruption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such case, to the extent the Leased Premises or any portion thereof is untenantable, Tenant shall receive an abatement of Rent and all other charges payable hereunder on a per diem basis, commencing on the fourth (4th) business day and continuing until such services are restored and if such interruption continues for more than forty-five (45) consecutive days Tenant may terminate this Lease. In the event less than the entire Leased Premises is subject to such service interruption, the amount of abatement of Rent and other charges Tenant is entitled to receive shall be prorated based upon the percentage of the Leased Premises subject to the service interruption and in which Tenant ceases to operate as a result thereof. In the event of any such interruption within Landlord’s reasonable control, however, Landlord shall use reasonable diligence to restore such service.
Appears in 2 contracts
Samples: Lease Agreement (University General Health System, Inc.), Lease Agreement (University General Health System, Inc.)
Service and Utilities. A. Landlord shall furnish the following services and amenities (collectively, the “Required Services”) to Tenant (and its assignees and sublessees permitted hereunder) while occupying the Medical Office Space: Leased Premises:
(1) At all times, domestic water at those points of supply provided for general use of the tenants of the Building; ;
(2) Electric lighting service, central heat, ventilation and air conditioning to the Leased Premises twenty-four (24) hours a day, seven (7) days a week, for the comfortable occupancy of the Medical Office Space Leased Premises for Tenant’s purposes; ;
(3) From 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturdays (“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric lighting service, central heat, ventilation and air conditioning for all public areas and special service areas of the Building. Notwithstanding the foregoing, Landlord shall provide electric lighting service, central heat, ventilation and air conditioning to the lobby of the Building twenty-four (other than the Hospital Space); 24) hours a day, seven (7) days a week;
(4) Janitor service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord during the periods and hours as such services are normally furnished to all tenants in the Building; ;
(5) At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; ;
(6) Twenty-four (24) hours a day, seven (7) days a week, electrical facilities to furnish (i) power to operate typewriters, personal computers, calculating machines, photocopying machines and other equipment that operates on 120/208 volts (collectively, the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx wxxxx per square foot of Net Rentable Area of the Medical Office Space Leased Premises and (ii) power to operate Tenant’s lighting and Tenant’s equipment that operates on 277/480 volts (collectively, the “High Power Equipment”); provided, however, total rated connected load by the High Power Equipment shall not exceed an average of two (2) xxxxx wxxxx per square foot of Net Rentable Area of the Medical Office SpaceLeased Premises. In the event that the Tenant’s connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord agrees to provide such additional load capacities to Tenant (such determination to be made by Landlord in its sole discretion), then Landlord may install and maintain, at Tenant’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by Landlord, in Landlord’s discretion, to accommodate Tenant’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Space Leased Premises per month, Tenant shall pay to Landlord the actual costs to Landlord to provide such additional consumption as Additional Rent. Landlord may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Medical Office Space Leased Premises installed, maintained, and read by Landlord at Tenant’s expense. If any supplemental heating, ventilation and air-conditioning unit is installed in the Medical Office Space Leased Premises or serves the Medical Office Space Leased Premises (the “Supplemental HVAC Equipment”), Landlord shall install and maintain electrical submeters, at Tenant’s expense, to monitor Tenant’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant shall reimburse Landlord for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. .
(7) All Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas outside of the Medical Office SpaceLeased Premises, rest rooms and stairwells; and and
(other than the Hospital Space). (Except as set forth in Section 8(C) below, non8) Non-exclusive passenger elevator service to the Building Leased Premises at all times and non-exclusive freight elevator service during Business Hours. Landlord shall furnish the following services and amenities to the Hospital Space: At all times, domestic water at those points of supply provided for general use of the tenants of the Building; Use of the cooling tower for the Building sufficient to permit Tenant to provide central heat, ventilation and air conditioning to the Hospital Space 24 hours per day, 7 days per week; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Tenant shall furnish the following to the Building, at Tenant’s sole cost and expense: Electric power for the non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant shall default in the performance of any of the foregoing covenants at any time, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) .
B. Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Space Leased Premises or portion thereof, as the case may be, (a “Meter”) to measure the amount of electric current consumed in the Medical Office SpaceLeased Premises. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. The parties acknowledge that a portion of the first floor of the Building consisting of approximately 4,889 square feet of Net Rentable Area is leased by Landlord to another tenant. The electrical current consumed by such tenant shall be billed to Tenant as a result of the installation of the Meter. Therefore, Landlord hereby agrees to reimburse Tenant a pro rata portion of Tenant’s electrical bxxx based on a fraction, the numerator of which is 4,889 and the denominator of which is 69,050, within ten (10) days after receipt of an invoice for same and a copy of such bxxx.
C. No interruption intem1ption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such case, to the extent the Leased Premises or any portion thereof is untenantable, Tenant shall receive an abatement of Rent and all other charges payable hereunder on a per diem basis, commencing on the fourth (4th) business day and continuing until such services are restored and if such interruption continues for more than forty-five (45) consecutive days Tenant may terminate this Lease. In the event less than the entire Leased Premises is subject to such service interruption, the amount of abatement of Rent and other charges Tenant is entitled to receive shall be prorated based upon the percentage of the Leased Premises subject to the service interruption and in which Tenant ceases to operate as a result thereof. In the event of any such interruption within Landlord’s reasonable control, however, Landlord shall use reasonable diligence to restore such service.
Appears in 1 contract
Service and Utilities. A. Provided no Event of Default (as hereinafter defined) has occurred and is continuing hereunder, and subject to the provisions of Sections 7.B and 7.C below, Landlord shall furnish the following services and amenities (collectively, the “Required Services”) to Tenant (and its assignees and sublessees permitted hereunder) while occupying the Medical Office Space: At all times, domestic Leased Premises:
(1) Domestic water at those points of supply provided for general use of the tenants of the Building; Electric lighting service, central ;
(2) Central heat, ventilation and air conditioning in season, at such times, at such temperatures and in such amounts as are considered by Landlord to be standard, but in keeping with the Leased Premises twenty-four (24) hours a day, seven (7) days a week, for standards of other comparable office buildings in the comfortable occupancy vicinity of the Medical Office Space XX 0000/X-00 xxxx xx Xxxxxxx, Xxxxx, all as more particularly described on Exhibit H attached hereto and made a part hereof for Tenant’s all purposes; From 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturdays ;
(“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric 3) Electric lighting service, central heat, ventilation and air conditioning service for all public areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be in keeping with the standards of other comparable office buildings in the vicinity of the XX 0000/X-00 xxxx xx Xxxxxxx, Xxxxx;
(other than the Hospital Space); 4) Janitor service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord during the periods and hours as such services are normally furnished to all tenants in the Building; At all times, on;
(5) On-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; Twenty-four security provided that (24i) hours a dayLandlord has exercised reasonable care in the selection of the security contractor and equipment, seven and (7ii) days a weekthe scope and extent of the security services contracted for by Landlord are in keeping with the standards of other comparable office buildings in the vicinity of the XX 0000/X-00 xxxx xx Xxxxxxx, electrical Xxxxx;
(6) Electrical facilities to furnish during normal operating hours (i) power to operate typewriters, personal computers, calculating machines, photocopying machines and other equipment that operates on 120/208 volts (collectively, the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx per square foot of Net Rentable Area of the Medical Office Space Leased Premises and (ii) power to operate Tenant’s lighting and Tenant’s equipment that operates on 277/480 volts (collectively, the “High Power Equipment”); provided, however, total rated connected load by the High Power Equipment shall not exceed an average of two (2) xxxxx per square foot of Net Rentable Area of the Medical Office SpaceLeased Premises. In the event that the Tenant’s connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord agrees to provide such additional load capacities to Tenant (such determination to be made by Landlord in its sole discretion), then Landlord may install and maintain, at Tenant’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by Landlord, in Landlord’s discretion, to accommodate Tenant’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Space Leased Premises per month, Tenant shall pay to Landlord the actual costs to Landlord to provide such additional consumption as Additional Rent. Landlord may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Medical Office Space Leased Premises installed, maintained, and read by Landlord at Tenant’s expense. If any supplemental heating, ventilation and air-air conditioning unit is installed in the Medical Office Space Leased Premises or serves the Medical Office Space Leased Premises (the “Supplemental HVAC Equipment”), Landlord shall install and maintain electrical submeters, at Tenant’s expense, to monitor Tenant’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant shall reimburse Landlord for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. .
(7) All Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas outside of the Medical Office SpaceLeased Premises, rest rooms and stairwells; and and
(other than the Hospital Space). (Except as set forth in Section 8(C) below, non8) Non-exclusive passenger elevator service to the Building at all times Leased Premises twenty-four (24) hours per day and non-exclusive freight elevator service during Business Hours. Landlord shall furnish the following services and amenities to the Hospital Space: At all times, domestic water at those points of supply provided for general use of the tenants normal business hours of the Building; Use .
B. The obligation of Landlord to provide the Required Services shall be subject to governmental regulation thereof (i.e., rationing, temperature control, etc.) and any such regulation that impairs Landlord’s ability to provide the Required Services as herein stipulated shall not constitute an Event of Default hereunder but rather providing the applicable Required Services to the extent allowed pursuant to such regulations shall be deemed to be full compliance with the obligations and agreements of Landlord hereunder.
C. To the extent any of the cooling tower for Required Services require electricity, gas and water supplied by public utilities or others, Landlord’s covenants hereunder shall only impose on Landlord the Building sufficient obligation to permit Tenant use its good faith efforts to provide central heat, ventilation and air conditioning cause the applicable public utilities or other providers to the Hospital Space 24 hours per day, 7 days per week; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Tenant shall furnish the following same. Failure by Landlord to furnish any of the Required Services to any extent, or any cessation thereof, due to failure of any public utility or other provider to furnish service to the Building, at or any other cause beyond the reasonable control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant’s sole cost , nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. As used herein, the phrase “cause beyond the reasonable control of Landlord” shall include, without limitation, acts of the public enemy, restraining of government, unavailability of materials, strikes, civil riots, floods, hurricanes, tornadoes, earthquakes and expense: Electric power for other severe weather conditions or acts of God. In the non-exclusive passenger elevator service event of any failure by Landlord to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant shall default in the performance of furnish any of the foregoing covenants at Required Services to any timeextent, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Space or portion any cessation thereof, as the case may be, (a “Meter”) due to measure the amount of electric current consumed in the Medical Office Space. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. No interruption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction equipment or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such casemachinery, to the extent the Leased Premises or any portion thereof is untenantableother cause within the reasonable control of Landlord, Tenant shall receive an abatement have no claim for rebate of Rent or damages on account thereof, provided that Landlord utilizes its reasonable efforts to promptly repair said equipment or machinery and all other charges payable hereunder on a per diem basisto restore said Required Services as soon thereafter as is reasonably practicable. However, commencing on if Tenant is prevented from making reasonable use of the fourth (4th) business day and continuing until such services are restored and if such interruption continues Premises for more than thirty (30) days in any forty-five (45) consecutive days day period because of unavailability of any such service, Tenant may terminate this Lease. In the event less than the entire Leased Premises is subject shall, as its exclusive remedy therefor, be entitled to such service interruption, the amount of a reasonable abatement of Rent and other charges for each day that Tenant is entitled to receive shall be prorated based upon the percentage so prevented from making reasonable use of the Leased Premises subject Premises.
D. Tenant hereby acknowledges and agrees that Landlord is obligated to provide only the service interruption Required Services under this Lease Agreement, and that Landlord, its agents and representatives, have made no representations whatsoever of any additional services or amenities to be provided by Landlord now or in which the future under this Lease Agreement. Notwithstanding the foregoing, Tenant ceases recognizes that Landlord may, at Landlord’s sole option, elect to operate as a result thereof. In provide additional services or amenities for the event tenants of the Building from time to time, and hereby agrees that Landlord’s discontinuance of any provision of any such interruption within Landlord’s reasonable controladditional services or amenities shall not constitute a default of Landlord under this Lease Agreement nor entitle Tenant to any abatement of or reduction in Rent. Landlord hereby agrees that the equipment and machinery of the Tenant in the Premises on November 1, however, Landlord 2008 is standard and no additional charges shall use reasonable diligence to restore such servicebe attributed thereto.
Appears in 1 contract
Samples: Lease Agreement (Georesources Inc)
Service and Utilities. A. Landlord shall furnish the following services and amenities (collectively, the "Required Services") to Tenant (and its assignees and sublessees permitted hereunder) while occupying the Leased Premises, the cost of which shall be reimbursed to Landlord as Operating Expenses (subject to the Medical Office Space: At all timescap on increases set forth in Section 6 above), domestic which Landlord covenants and agrees to so do in good faith and with due diligence:
(1) Domestic water at those points of supply provided for general use of the tenants of the Building; Electric lighting service, central ;
(2) Central heat, ventilation and air conditioning in season, at such times, at such temperatures and in such amounts as are considered by Landlord to be standard, but in keeping with the standards of other comparable office buildings located in the applicable submarket for the Building, all as more particularly described on Exhibit II attached hereto and made a part hereof for all purposes;
(3) Electric lighting service for the Parking Facilities, driveways, sidewalks and service areas for the Building in the manner and to the Leased Premises twenty-four (24) hours a day, seven (7) days a week, extent deemed by Landlord to be in keeping with the standards of other comparable office buildings located in the applicable submarket for the comfortable occupancy of Building; provided, however, the Medical Office Space Parking Facilities described in Exhibit C attached hereto and made a part hereof for Tenant’s purposes; From 7:00 a.m. to all purposes shall be illuminated between 6:00 p.m. and midnight from Monday through Friday, Saturday and 8:00 a.m. to 12:00 between 6:00 p.m. Saturdays and 9:00 p.m. on Sundays;
(“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric lighting service, central heat, ventilation and air conditioning for all public areas and special service areas of the Building (other than the Hospital Space); Janitor 4) Janitorial service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord during the periods and hours as such services are normally furnished to which shall include, among other things, regular emptying of all tenants trash cans in the Building; At all timesBuilding as well as the periodic emptying of any exterior trash cans serving the Complex, onrefilling toilet paper, paper towels and soap dispensers in the Building bathrooms and wiping down countertops in said Building bathrooms;
(5) On-site security personnel and equipment for the Building, which shall include a roving security guard between 6:00 a.m. and midnight from Monday through Friday and between 6:00 a.m. and 9:00 p.m. on Saturdays, excluding Holidays (as defined in Exhibit D), who shall be reasonably available by telephone to escort employees of Tenant to their automobiles; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; Twenty-four (24) hours a day, seven (7) days a week, electrical facilities to furnish (i) power to operate typewriters, personal computers, calculating machines, photocopying machines and other equipment security provided that operates on 120/208 volts (collectively, Landlord has exercised reasonable care in the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx per square foot of Net Rentable Area selection of the Medical Office Space security contractor and (ii) power to operate Tenant’s lighting and Tenant’s equipment that operates on 277/480 volts (collectively, the “High Power Equipment”); provided, however, total rated connected load by the High Power Equipment shall not exceed an average of two (2) xxxxx per square foot of Net Rentable Area of the Medical Office Space. In the event that the Tenant’s connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord agrees to provide such additional load capacities to Tenant (such determination to be made by Landlord in its sole discretion), then Landlord may install and maintain, at Tenant’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by Landlord, in Landlord’s discretion, to accommodate Tenant’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Space per month, Tenant shall pay to Landlord the actual costs to Landlord to provide such additional consumption as Additional Rent. Landlord may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Medical Office Space installed, maintained, and read by Landlord at Tenant’s expense. If any supplemental heating, ventilation and air-conditioning unit is installed in the Medical Office Space or serves the Medical Office Space (the “Supplemental HVAC Equipment”), Landlord shall install and maintain electrical submeters, at Tenant’s expense, to monitor Tenant’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant shall reimburse Landlord for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. All Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas outside of the Medical Office Space, rest rooms and stairwells; and (other than the Hospital Space). (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Landlord shall furnish the following services and amenities to the Hospital Space: At all times, domestic water at those points of supply provided for general use of the tenants of the Building; Use of the cooling tower for the Building sufficient to permit Tenant to provide central heat, ventilation and air conditioning to the Hospital Space 24 hours per day, 7 days per week; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Tenant shall furnish the following to the Building, at Tenant’s sole cost and expense: Electric power for the non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant shall default in the performance of any of the foregoing covenants at any time, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Space or portion thereof, as the case may be, (a “Meter”) to measure the amount of electric current consumed in the Medical Office Space. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. No interruption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such case, to the extent the Leased Premises or any portion thereof is untenantable, Tenant shall receive an abatement of Rent and all other charges payable hereunder on a per diem basis, commencing on the fourth (4th) business day and continuing until such services are restored and if such interruption continues for more than forty-five (45) consecutive days Tenant may terminate this Lease. In the event less than the entire Leased Premises is subject to such service interruption, the amount of abatement of Rent and other charges Tenant is entitled to receive shall be prorated based upon the percentage of the Leased Premises subject to the service interruption and in which Tenant ceases to operate as a result thereof. In the event of any such interruption within Landlord’s reasonable control, however, Landlord shall use reasonable diligence to restore such service.equipment;
Appears in 1 contract
Samples: Lease Agreement (TaxMasters, Inc.)
Service and Utilities. A. Landlord shall furnish the following services and amenities to the Medical Office Additional Space: :
(1) At all times, domestic water at those points of supply provided for general use of the tenants of the Building; ;
(2) Electric lighting service, central heat, ventilation and air conditioning to the Leased Premises twenty-four (24) hours a day, seven (7) days a week, for the comfortable occupancy of the Medical Office Additional Space for Tenant’s purposes; ;
(3) From 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturdays (“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, 4th Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric lighting service, central heat, ventilation and air conditioning for all public areas and special service areas of the Building (other than the Hospital Space); ;
(4) Janitor service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord during the periods and hours as such services are normally furnished to all tenants in the Building; Building (other than the Hospital Space);
(5) At all times, on-site security personnel and equipment for at the BuildingComplex; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; ;
(6) Twenty-four (24) hours a day, seven (7) days a week, electrical facilities to furnish (i) power to operate typewriters, personal computers, calculating machines, photocopying machines and other equipment that operates on 120/208 volts (collectively, the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx wxxxx per square foot of Net Rentable Area of the Medical Office Additional Space and (ii) power to operate Tenant’s lighting and Tenant’s equipment that operates on 277/480 volts (collectively, the “High Power Equipment”); provided, however, total rated connected com1ected load by the High Power Equipment shall not exceed an average of two (2) xxxxx wxxxx per square foot of Net Rentable Area of the Medical Office Additional Space. In the event that the Tenant’s connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord agrees to provide such additional load capacities to Tenant (such determination to be made by Landlord in its sole discretion), then Landlord may install and maintain, at Tenant’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by Landlord, in Landlord’s discretion, to accommodate Tenant’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Additional Space per month, Tenant shall pay to Landlord the actual costs to Landlord to provide such additional consumption as Additional Rent. Landlord may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Medical Office Additional Space installed, maintained, and read by Landlord at Tenant’s expense. If any supplemental heating, ventilation and air-conditioning unit is installed in the Medical Office Additional Space or serves the Medical Office Additional Space (the “Supplemental HVAC Equipment”), Landlord shall install and maintain electrical submeters, at Tenant’s expense, to monitor Tenant’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant shall reimburse Landlord for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. ; and
(7) All Building standard fluorescent bulb replacement in all areas (other than the Hospital Space) and all incandescent bulb replacement in public areas outside of the Medical Office Space, rest rooms and stairwells; and Additional Space (other than the Hospital Space). , rest rooms (other than the Hospital Space) and stairwells (other than the Hospital Space).
(8) Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. .
B. Landlord shall furnish the following services and amenities to the Hospital Space: :
(1) At all times, domestic water at those points of supply provided for general use of the tenants of the Building; ;
(2) Use of the cooling tower towers for the Building sufficient to permit Tenant to provide central heat, ventilation and air conditioning to the Hospital Space 24 hours per day, 7 days per week; and
(3) At all times, on-site security personnel and equipment for at the BuildingComplex; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and .
(4) Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. .
C. Tenant shall furnish the following to the Building, at Tenant’s sole cost and expense: :
(1) Electric power for the non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant shall default in the performance of any of the foregoing covenants at any time, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) ).
D. Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Additional Space or portion thereof, as the case may be, (a “Meter”) to measure the amount of electric current consumed in the Medical Office Additional Space. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. .
E. No interruption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such case, to the extent the Leased Premises or any portion thereof is untenantable, Tenant shall receive an abatement of Rent and all other charges payable hereunder on a per diem basis, commencing on the fourth (4th) business day and continuing until such services are restored and if such interruption continues for more than forty-five (45) consecutive days Tenant may terminate this Lease. In the event less than the entire Leased Premises is subject to such service interruption, the amount of abatement of Rent and other charges Tenant is entitled to receive shall be prorated based upon the percentage of the Leased Premises subject to the service interruption and in which Tenant ceases to operate as a result thereof. In the event of any such interruption within Landlord’s reasonable control, however, Landlord shall use reasonable diligence to restore such service.
Appears in 1 contract
Service and Utilities. A. Provided no Event of Default (as hereinafter defined) has occurred and is continuing hereunder, and subject to the provisions of Sections 7.B and 7.C below, Landlord shall furnish the following services and amenities (collectively, the “Required Services”) to Tenant (and its assignees and sublessees permitted hereunder) while occupying the Medical Office Space: At all times, domestic Leased Premises:
(1) Domestic water at those points of supply provided for general use of the tenants of the Building; Electric lighting service, central ;
(2) Central heat, ventilation and air conditioning in season, at such times, at such temperatures and in such amounts as are considered by Landlord to be standard, but in keeping with the Leased Premises twenty-four (24) hours a day, seven (7) days a week, for standards of other comparable office buildings in the comfortable occupancy vicinity of the Medical Office Space Gulf Freeway/Clear Lake area of Houston, Texas, all as more particularly described on Exhibit H attached hereto and made a part hereof for Tenant’s all purposes; From 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturdays ;
(“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric 3) Electric lighting service, central heat, ventilation and air conditioning service for all public areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be in keeping with the standards of other comparable office buildings in the vicinity of the Gxxx Xxxxxxx/Xxxxx Xxxx xxxx xx Xxxxxxx, Xxxxx;
(other than the Hospital Space); 4) Janitor service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord during the periods and hours as such services are normally furnished to all tenants in the Building; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; Twenty-four ;
(245) hours a day, seven (7) days a week, electrical Electrical facilities to furnish during normal operating hours (i) power to operate typewriters, personal computers, calculating machines, photocopying machines and other equipment that operates on 120/208 volts (collectively, the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx wxxxx per square foot of Net Rentable Area of the Medical Office Space Leased Premises and (ii) power to operate Tenant’s lighting and Tenant’s equipment that operates on 277/480 volts (collectively, the “High Power Equipment”); provided, however, total rated connected load by the High Power Equipment shall not exceed an average of two (2) xxxxx wxxxx per square foot of Net Rentable Area of the Medical Office SpaceLeased Premises. In the event that the Tenant’s 's connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord agrees to provide such additional load capacities to Tenant (such determination to be made by Landlord in its sole discretion), then Landlord may install and maintain, at Tenant’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by Landlord, in Landlord’s discretion, to accommodate Tenant’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Space Leased Premises per month, Tenant shall pay to Landlord the actual costs to Landlord to provide such additional consumption as Additional Rent. Landlord may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Medical Office Space Leased Premises installed, maintained, and read by Landlord at Tenant’s expense. If any supplemental heating, ventilation and air-air conditioning unit is installed in the Medical Office Space Leased Premises or serves the Medical Office Space Leased Premises (the “Supplemental HVAC Equipment”), Landlord shall install and maintain electrical submeters, at Tenant’s expense, to monitor Tenant’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant shall reimburse Landlord for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. .
(6) All Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas outside of the Medical Office SpaceLeased Premises, rest rooms and stairwells; and and
(other than the Hospital Space). (Except as set forth in Section 8(C7) below, nonNon-exclusive passenger elevator service to the Building at all times Leased Premises twenty-four (24) hours per day and non-exclusive freight elevator service during Business Hours. Landlord shall furnish the following services and amenities to the Hospital Space: At all times, domestic water at those points of supply provided for general use of the tenants normal business hours of the Building; Use .
B. The obligation of Landlord to provide the Required Services shall be subject to governmental regulation thereof (i.e., rationing, temperature control, etc.) and any such regulation that impairs Landlord’s ability to provide the Required Services as herein stipulated shall not constitute an Event of Default hereunder but rather providing the applicable Required Services to the extent allowed pursuant to such regulations shall be deemed to be full compliance with the obligations and agreements of Landlord hereunder.
C. To the extent any of the cooling tower for Required Services require electricity, gas and water supplied by public utilities or others, Landlord’s covenants hereunder shall only impose on Landlord the Building sufficient obligation to permit Tenant use its good faith efforts to provide central heat, ventilation and air conditioning cause the applicable public utilities or other providers to the Hospital Space 24 hours per day, 7 days per week; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Tenant shall furnish the following same. Failure by Landlord to furnish any of the Required Services to any extent, or any cessation thereof, due to failure of any public utility or other provider to furnish service to the Building, at Tenant’s sole cost and expense: Electric power for or any other cause beyond the non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant reasonable control of Landlord, shall default in the performance of any of the foregoing covenants at any time, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Space or portion thereof, as the case may be, (a “Meter”) to measure the amount of electric current consumed in the Medical Office Space. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. No interruption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or not render Landlord liable in any respect for damages to either person or entitle Tenant to property, nor be relieved from any construed as an eviction of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such caseTenant, to the extent the Leased Premises or any portion thereof is untenantable, Tenant shall receive nor work an abatement of Rent and all other charges payable hereunder on a per diem basisRent, commencing on the fourth (4th) business day and continuing until such services are restored and if such interruption continues for more than forty-five (45) consecutive days nor relieve Tenant may terminate this Leasefrom fulfillment of any covenant or agreement hereof. In the event less than the entire Leased Premises is subject to such service interruptionAs used herein, the amount phrase “cause beyond the reasonable control of abatement Landlord” shall include, without limitation, acts of Rent the public enemy, restraining of government, unavailability of materials, strikes, civil riots, floods, hurricanes, tornadoes, earthquakes and other charges Tenant is entitled to receive shall be prorated based upon the percentage severe weather conditions or acts of the Leased Premises subject to the service interruption and in which Tenant ceases to operate as a result thereofGod. In the event of any failure by Landlord to furnish any of the Required Services to any extent, or any cessation thereof, due to malfunction of any equipment or machinery, or any other cause within the reasonable control of Landlord, Tenant shall have no claim for rebate of Rent or damages on account thereof, provided that Landlord utilizes its reasonable efforts to promptly repair said equipment or machinery and to restore said Required Services as soon thereafter as is reasonably practicable. Notwithstanding anything to the contrary contained in this Lease Agreement, if: (a) any Essential Required Services (as hereinafter defined) are interrupted due solely to Landlord’s negligence or willful misconduct, and Tenant is unable to and does not use the Leased Premises as a result of such interruption; and (b) Tenant shall have given written notice of such interruption to Landlord, and Landlord shall have failed to cure such interruption within five (5) consecutive days after receiving such notice, Rent shall axxxx commencing as of the beginning of the sixth (6th) day following such notice until such Essential Required Services are restored. Furthermore, in the event any Essential Required Services are interrupted due solely to Landlord’s reasonable controlnegligence or willful misconduct and Tenant is unable to and does not use the Leased Premises as a result of such interruption and Tenant shall have given written notice of such interruption to Landlord, however, and Landlord shall use reasonable diligence have failed to restore cure such interruption within sixty (60) days after receiving such notice, Tenant may terminate the Lease Agreement at any time prior to the restoration of such Essential Required Services. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages. The provisions of this Section 7.C do not apply in the case of a casualty or condemnation under Sections 13 and 14 hereof, which provisions shall govern in such circumstances. As used herein, the term “Essential Required Services” means any one or more of the following services to the extent Landlord is required to provide such service to Tenant under this Lease Agreement: HVAC, electricity, water and elevator service.
Appears in 1 contract
Service and Utilities. A. Provided no Event of Default (as hereinafter defined) has occurred and is continuing hereunder, and subject to the provisions of Sections 7.B and 7.C below, Landlord shall furnish the following services and amenities (collectively, the “Required Services”) to Tenant (and its assignees and sublessees permitted hereunder) while occupying the Medical Office Space: At all times, domestic Leased Premises:
(1) Domestic water at those points of supply provided for general use of the tenants of the Building; Electric lighting service, central ;
(2) Central heat, ventilation and air conditioning in season, at such times, at such temperatures and in such amounts as are considered by Landlord to be standard, but in keeping with the Leased Premises twenty-four (24) hours a day, seven (7) days a week, for standards of other comparable office buildings in the comfortable occupancy vicinity of the Medical Office Space Katy Freeway West area of Houston, Texas, all as more particularly described on Exhibit G attached hereto and made a part hereof for Tenant’s all purposes; From 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturdays ;
(“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric 3) Electric lighting service, central heat, ventilation and air conditioning service for all public areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be in keeping with the standards of other comparable office buildings in the vicinity of the Xxxx Xxxxxxx Xxxx xxxx xx Xxxxxxx, Xxxxx;
(other than the Hospital Space); 4) Janitor service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord during the periods and hours as such services are normally furnished to all tenants in the Building; At all times, on;
(5) On-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; Twenty-four security provided that (24i) hours a dayLandlord has exercised reasonable care in the selection of the security contractor and equipment, seven and (7ii) days a weekthe scope and extent of the security services contracted for by Landlord are in keeping with the standards of other comparable office buildings in the vicinity of the Xxxx Xxxxxxx Xxxx xxxx xx Xxxxxxx, electrical Xxxxx;
(6) Electrical facilities to furnish during normal operating hours (i) power to operate typewriters, personal computers, calculating machines, photocopying machines and other equipment that operates on 120/208 volts (collectively, the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx per square foot of Net Rentable Area of the Medical Office Space Leased Premises and (ii) power to operate Tenant’s lighting and Tenant’s equipment that operates on 277/480 volts (collectively, the “High Power Equipment”); provided, however, total rated connected load by the High Power Equipment shall not exceed an average of two (2) xxxxx per square foot of Net Rentable Area of the Medical Office SpaceLeased Premises. In the event that the Tenant’s 's connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord agrees to provide such additional load capacities to Tenant (such determination to be made by Landlord in its sole discretion), then Landlord may install and maintain, at Tenant’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by Landlord, in Landlord’s discretion, to accommodate Tenant’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Space Leased Premises per month, Tenant shall pay to Landlord the actual costs to Landlord to provide such additional consumption as Additional Rent. Landlord may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Medical Office Space Leased Premises installed, maintained, and read by Landlord at Tenant’s expense. If any supplemental heating, ventilation and air-air conditioning unit is installed in the Medical Office Space Leased Premises or serves the Medical Office Space Leased Premises (the “Supplemental HVAC Equipment”), Landlord shall install and maintain electrical submeters, at Tenant’s expense, to monitor Tenant’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant shall reimburse Landlord for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. .
(7) All Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas outside of the Medical Office SpaceLeased Premises, rest rooms and stairwells; and and
(other than the Hospital Space). (Except as set forth in Section 8(C) below, non8) Non-exclusive passenger elevator service to the Building at all times Leased Premises twenty-four (24) hours per day and non-exclusive freight elevator service during Business Hours. Landlord shall furnish the following services and amenities to the Hospital Space: At all times, domestic water at those points of supply provided for general use of the tenants normal business hours of the Building; Use .
B. The obligation of Landlord to provide the Required Services shall be subject to governmental regulation thereof (i.e., rationing, temperature control, etc.) and any such regulation that impairs Landlord’s ability to provide the Required Services as herein stipulated shall not constitute an Event of Default hereunder but rather providing the applicable Required Services to the extent allowed pursuant to such regulations shall be deemed to be full compliance with the obligations and agreements of Landlord hereunder.
C. To the extent any of the cooling tower for Required Services require electricity, gas and water supplied by public utilities or others, Landlord’s covenants hereunder shall only impose on Landlord the Building sufficient obligation to permit Tenant use its good faith efforts to provide central heat, ventilation and air conditioning cause the applicable public utilities or other providers to the Hospital Space 24 hours per day, 7 days per week; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and (Except as set forth in Section 8(C) below, non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. Tenant shall furnish the following same. Failure by Landlord to furnish any of the Required Services to any extent, or any cessation thereof, due to failure of any public utility or other provider to furnish service to the Building, at Tenant’s sole cost and expense: Electric power for or any other cause beyond the non-exclusive passenger elevator service to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant reasonable control of Landlord, shall default in the performance of any of the foregoing covenants at any time, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Space or portion thereof, as the case may be, (a “Meter”) to measure the amount of electric current consumed in the Medical Office Space. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. No interruption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or not render Landlord liable in any respect for damages to either person or entitle Tenant to property, nor be relieved from any construed as an eviction of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such caseTenant, to the extent the Leased Premises or any portion thereof is untenantable, Tenant shall receive nor work an abatement of Rent and all other charges payable hereunder on a per diem basisRent, commencing on the fourth (4th) business day and continuing until such services are restored and if such interruption continues for more than forty-five (45) consecutive days nor relieve Tenant may terminate this Leasefrom fulfillment of any covenant or agreement hereof. In the event less than the entire Leased Premises is subject to such service interruptionAs used herein, the amount phrase “cause beyond the reasonable control of abatement Landlord” shall include, without limitation, acts of Rent the public enemy, restraining of government, unavailability of materials, strikes, civil riots, floods, hurricanes, tornadoes, earthquakes and other charges Tenant is entitled to receive shall be prorated based upon the percentage severe weather conditions or acts of the Leased Premises subject to the service interruption and in which Tenant ceases to operate as a result thereofGod. In the event of any such interruption failure by Landlord to furnish any of the Required Services to any extent, or any cessation thereof, due to malfunction of any equipment or machinery, or any other cause within the reasonable control of Landlord, Tenant shall have no claim for rebate of Rent or damages on account thereof, provided that Landlord utilizes its reasonable efforts to promptly repair said equipment or machinery and to restore said Required Services as soon thereafter as is reasonably practicable.
D. Tenant hereby acknowledges and agrees that Landlord is obligated to provide only the Required Services under this Lease Agreement, and that Landlord, its agents and representatives, have made no representations whatsoever of any additional services or amenities to be provided by Landlord now or in the future under this Lease Agreement. Notwithstanding the foregoing, Tenant recognizes that Landlord may, at Landlord’s reasonable controlsole option, howeverelect to provide additional services or amenities for the tenants of the Building from time to time, and hereby agrees that Landlord’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Landlord shall use reasonable diligence under this Lease Agreement nor entitle Tenant to restore such serviceany abatement of or reduction in Rent.
E. Notwithstanding anything to the contrary contained in this Lease Agreement, if: (a) any Essential Required Services (as hereinafter defined) are interrupted and not due to Landlord's negligence or willful misconduct,
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Samples: Lease Agreement
Service and Utilities. Landlord A. Provided no Event of Default (as hereinafter defined) has occurred and is continuing hereunder, and subject to the provisions of Sections 7.B and 7.C below, Lessor shall furnish the following services and amenities (collectively, the “Required Services”) to Lessee (and its assignees and subleases permitted hereunder) while occupying the Medical Office Space: At all times, domestic Leased Premises:
(1) Domestic water at those points of supply provided for general use of the tenants of the Building; Electric lighting service, central ;
(2) Central heat, ventilation and air conditioning in season, at such times, at such temperatures and in such amounts as are considered by Lessor to the Leased Premises twenty-four be standard, all as more particularly described on Exhibit “G” attached hereto and made a part hereof for all purposes;
(243) hours a day, seven (7) days a week, for the comfortable occupancy of the Medical Office Space for Tenant’s purposes; From 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturdays (“Business Hours”), but not on New Year’s Day (January 1st), Memorial Day, July 4th, Labor Day, Thanksgiving, the Friday following Thanksgiving and Christmas (December 25th), electric Electric lighting service, central heat, ventilation and air conditioning service for all public areas and special service areas of the Building in the manner and to the extent deemed by Lessor to be standard;
(other than the Hospital Space); 4) Janitor service on a five (5) day week basis, in the manner and to the extent deemed standard by Landlord Lessor during the periods and hours as such services are normally furnished to all tenants in the Building; At all times, on;
(5) On-site security personnel and equipment for the Building; provided, however, that Tenant Lessee agrees that Landlord Lessor shall not be responsible for the adequacy or effectiveness of such security; Twenty-four ;
(246) hours a day, seven (7) days a week, electrical Electrical facilities to furnish during normal operating hours (i) power to operate typewriters, personal computers, calculating machinesmachines , photocopying machines and other equipment that operates on 120/208 volts (collectively, the “Low Power Equipment”); provided, however, total rated connected load by the Low Power Equipment shall not exceed an average of five (5) xxxxx per square foot of Net Rentable Area of the Medical Office Space Leased Premises and (ii) power to operate TenantLessee’s lighting and TenantLessee’s equipment that operates on 277/480 volts (collectively, the “‘‘High Power Equipment”); provided, however, total rated connected load by the High Power Equipment shall not exceed an average of two (2) xxxxx per square foot of Net Rentable Area of the Medical Office SpaceLeased Premises. In the event that the TenantLessee’s connected loads for low electrical consumption (120/208 volts) and high electrical consumption (277/480 volts) are in excess of those loads stated above, and Landlord Lessor agrees to provide such additional load capacities to Tenant Lessee (such determination to be made by Landlord Lessor in its sole discretion), then Landlord Lessor may install and maintain, at TenantLessee’s expense, electrical submeters, wiring, risers, transformers, and electrical panels, and other items required by LandlordLessor, in LandlordLessor’s discretion, to accommodate TenantLessee’s design loads and capacities that exceed those loads stated above, including, without limitation, the installation and maintenance thereof. If Tenant Lessee shall consume electrical current in excess of 0.75 kilowatt hours per square foot of Net Rentable Area in the Medical Office Space Leased Premises per month, Tenant Lessee shall pay to Landlord Lessor the actual costs to Landlord Lessor to provide such additional consumption as Additional Rent. Landlord Lessor may determine the amount of such additional consumption and potential consumption by either or both: (1) a survey of standard or average tenant usage of electricity or other utilities in the Building performed by a reputable consultant selected by Landlord Lessor and paid for by TenantLessee; or (2) a separate meter in the Medical Office Space Leased Premises installed, maintained, and read by Landlord Lessor at TenantLessee’s expense. If any supplemental heating, ventilation and air-conditioning unit is installed in the Medical Office Space Leased Premises or serves the Medical Office Space Leased Premises (the “Supplemental HVAC Equipment”), Landlord Lessor shall install and maintain electrical submeters, at TenantLessee’s expense, to monitor TenantLessee’s actual aggregate consumption of electrical power by the Supplemental HVAC Equipment. Tenant Lessee shall reimburse Landlord Lessor for such consumption as billed as Additional Rent, based on average kilowatt hour or other unit charge over the applicable billing period within thirty (30) days after such billing. Lessee shall further have the right to install a generator, subject to Lessor’s approval such approval not to be unreasonably withheld, conditioned or delayed.
(7) All Building standard fluorescent bulb replacement in all areas and all incandescent bulb replacement in public areas outside of the Medical Office SpaceLeased Premises, rest rooms and stairwells; and and
(other than the Hospital Space). (Except as set forth in Section 8(C) below, non8) Non-exclusive passenger elevator service to the Building at all times Leased Premises twenty-four (24) hours per day and non-exclusive freight elevator service during Business Hours. Landlord normal business hours.
B. The obligation of Lessor to provide the Required Services shall be subject to governmental regulation thereof (i.e., rationing, temperature control, etc.) and any such regulation that impairs Lessor’ s ability to provide the Required Services as herein stipulated shall not constitute an Event of Default hereunder but rather providing the applicable Required Services to the extent allowed pursuant to such regulations shall be deemed to be full compliance with the obligations and agreements of Lessor hereunder.
C. To the extent any of the Required Services require electricity, gas and water supplied by public utilities or others, Lessor’s covenants hereunder shall only impose on Lessor the obligation to use its good faith efforts to cause the applicable public utilities or other providers to furnish the following services and amenities same. Failure by Lessor to the Hospital Space: At all times, domestic water at those points of supply provided for general use furnish any of the tenants Required Services to any extent, or any cessation thereof, due to failure of the Building; Use of the cooling tower for the Building sufficient any public utility or other provider to permit Tenant to provide central heat, ventilation and air conditioning to the Hospital Space 24 hours per day, 7 days per week; At all times, on-site security personnel and equipment for the Building; provided, however, that Tenant agrees that Landlord shall not be responsible for the adequacy or effectiveness of such security; and (Except as set forth in Section 8(C) below, non-exclusive passenger elevator furnish service to the Building at all times and non-exclusive freight elevator service during Business Hours. Tenant shall furnish the following to the Building, at Tenant’s sole cost and expense: Electric power or any other cause beyond the reasonable control of Lessor, shall not render Lessor liable in any respect for the non-exclusive passenger elevator service damages to the Building at all times and non-exclusive freight elevator service during Business Hours. If Tenant shall default in the performance of any of the foregoing covenants at any timeeither person or property, Landlord may, in addition to all other remedies available at law under this Lease, cure such default and invoice Tenant for the costs thereof plus an administrative fee of fifteen percent (15%) Landlord shall have the right to install an electric current meter, sub-meter or check meter in the Medical Office Space or portion thereof, nor be construed as the case may be, (a “Meter”) to measure the amount of electric current consumed in the Medical Office Space. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay the utility provider directly for submetered electricity including any taxes and other charges in connection therewith. No interruption or malfunction of any of such services unless due to Landlord’s non-payment shall constitute an eviction or disturbance of Tenant’s use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of its obligations hereunder (including the obligation to pay rent) or grant Tenant any right of set-off or recoupment unless it continues beyond three (3) consecutive business days. In such caseLessee, to the extent the Leased Premises or any portion thereof is untenantable, Tenant shall receive nor work an abatement of Rent and all other charges payable hereunder on a per diem basisRent, commencing on the fourth (4th) business day and continuing until such services are restored and if such interruption continues for more than forty-five (45) consecutive days Tenant may terminate this Leasenor relieve Lessee from fulfillment of any covenant or agreement hereof. In the event less than the entire Leased Premises is subject to such service interruptionAs used herein, the amount phrase “causes beyond the reasonable control of abatement Lessor” shall include, without limitation, acts of Rent the public enemy, restraining of government, unavailability of materials, strikes, civil riots, floods, hurricanes, tornadoes, earthquakes and other charges Tenant is entitled to receive shall be prorated based upon the percentage severe weather conditions or acts of the Leased Premises subject to the service interruption and in which Tenant ceases to operate as a result thereofGod. In the event of any failure by Lessor to furnish any of the Required Services to any extent, or any cessation thereof, due to malfunction of any equipment or machinery, or any other cause within the reasonable control of Lessor arising as a result of Lessor’s negligence or willful misconduct, and such cessation continues for five (5) consecutive business days or longer, Rent payable by Lessee shall xxxxx effective as of the date of such interruption within Landlordof any Required Service with respect to the affected portion of the Leased Premises , irrespective of whether or not Lessee continues to use all or a portion of the affected areas. In the event the Required Services are interrupted for ninety (90) or more consecutive days through no fault of Lessee, then Lessee will have the right to terminate the lease upon written notice to Lessor.
D. Lessee hereby acknowledges and agrees that Lessor is obligated to provide only the Required Services under this Lease Agreement, and that Lessor, its agents and representatives, have made no representations whatsoever of any additional services or amenities to be provided by Lessor now or in the future under this Lease Agreement. Notwithstanding the foregoing, Lessee recognizes that Lessor may, at Lessor’s reasonable controlsole option, howeverelect to provide additional services or amenities for the tenants of the Building from time to time, Landlord and hereby agrees that Lessor’s discontinuance of any provision of any such additional services or amenities shall use reasonable diligence not constitute a default of Lessor under this Lease Agreement nor entitle Lessee to restore such serviceany abatement of or reduction in Rent.
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