Common use of Service and Utilities Clause in Contracts

Service and Utilities. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises Monday through Saturday, 7 a.m. to 7 p.m., which may be adjusted from time to time by Landlord's sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgement for the comfortable use and occupation of the Premises, and common area janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts, or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, unless caused by or due to the negligence or intentional misconduct of Landlord, its agents, servants or employees. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant, and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water and electric current consumed as shown by said meter, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Service and Utilities. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises Monday through Saturdayduring generally recognized business days, 7 a.m. to 7 p.m., which may be adjusted from time to time and during hours determined by Landlord's Landlord in its sole discretion, and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, electricity for normal lighting desk top office equipment and fractional horsepower office machinesnormal copying equipment, heat and heating, ventilation and air conditioning (*HVAC*) as required in Landlord's judgement judgment for the comfortable use and occupation occupancy of the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and common area janitorial serviceTenant shall pay Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord's failure to furnish (I) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (II) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts, accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (III) the limitation, curtailment, or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however occurring, through or in connection with or incidental to failure to furnish any of such services. If Tenant [ILLEGIBLE] machines or equipment in the foregoingPremises which affect the temperature otherwise maintained by the HVAC system, unless caused by or due to the negligence or intentional misconduct of Landlord, its agents, servants or employees. Tenant will shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including, but including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises premises as general office space. If , as determined by Landlord, Tenant shall require not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord to the use thereof and Landlord, which Landlord may cause refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter to be installed in the PremisesPremises to measure the amount of water or electric current consumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant, Tenant and Tenant Xxxxxx agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water and electric current consumed as shown by said metermeters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerengineer hired by Landlord at Tenant's expense. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.

Service and Utilities. (aA. STANDARD BUILDING SERVICES AND REIMBURSEMENT BY TENANT See Addendum Sections XXXV.C.(2) Provided that and F. So long as Tenant is not in default hereunderhereunder (of a type described in clauses (4) - (6) of Section XX.A. below), Landlord agrees to furnish make available to the Premises Premises, during the Building's normal business hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday, 7 Friday and 8:00 a.m. to 7 p.m.12:00 p.m. on Saturday (holidays excepted), which may be adjusted hours are subject to change from time to time as reasonably determined by Landlord's sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, such heat and air conditioning (hereinafter "HVAC"), water and electricity, as may be required in Landlord's judgement (32) judgment for the comfortable use and occupation of the Premises for general office purposes and at a level which is usual and customary in similar office buildings in the area where the Project is located, all of which shall be subject to the Rules of the Building as well as any governmental requirements or standards relating to, among other things, energy conservation. Tenant agrees to pay, as a Common Operating Cost in accordance with Section V. above, Tenant's Proportionate Share in excess of the Base Operating Expense of the full cost of all utilities supplied to the Premises, together with any taxes thereon, (33) any such service or utilities (34) are separately metered to the Premises, Tenant shall pay the cost thereof in a timely manner directly to the utility company providing such service. Tenant's obligations in this Section regarding utilities include, but are not limited to, all charges for gas, water and electricity used on the Premises, and common area janitorial servicefor all electric light lamps or tubes. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall If any such utility or service is not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure separately metered to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts, or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, unless caused by or due to the negligence or intentional misconduct of Landlord, its agents, servants or employees. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, includingTenant shall be required to pay any increased cost, but as additional rent, of any such utility and service, including without limitation theretowater, electronic data processing machineselectricity and HVAC, punch card machines, and machines using in excess of 120 volts, which will in resulting from any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises. The cost of at any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant, and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water and electric current consumed as shown by said meter, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.time other --------------

Service and Utilities. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises Monday through SaturdayPremises, 7 a.m. to 7 p.m., which may be adjusted from time to time by Landlord's sole discretionhot and cold water, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting desktop office equipment and fractional horsepower office machinesnormal copying equipment, heat and lighting, heating, ventilation and air conditioning (“HVAC”) as required in Landlord's judgement ’s judgment for the comfortable use and occupation occupancy of the Premises. Subject to the limitations set forth below, such utilities shall be made available without additional charge between the hours of 8:00 a.m. to 6:00 p.m., Monday through Thursday, 8:00 a.m. to 10:00 p.m. on Friday, and common area janitorial service8:00 a.m. to 12:00 noon on Saturday, except for legal holidays. If Tenant desires HVAC at any other time, Landlord shall provide and shall xxxx Tenant for the same at Landlord’s standard charges therefore (as established by Landlord from time to time) and Tenant shall pay Landlord’s charges therefor at the same time and in the same manner as is provided for the payment of minimum rental hereunder. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the rent be entitled to, any reduction of rental abated by reason of Landlord's (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or delay in furnishing any of the foregoing when such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts, accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises of the Building; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises or Building. Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however however, occurring, through or in connection with or incidental to to, failure to furnish any of the foregoing, unless caused by or due to the negligence or intentional misconduct of Landlord, its agents, servants or employeessuch services. Tenant will not, shall not use heat-generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system without the prior written consent of Landlord, use any apparatus or device and if such equipment is used, Landlord reserves the tight to install supplementary air conditioning units in the PremisesPremises and the cost thereof, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase including the amount of electricity usually furnished or supplied for the use of the Premises as general office space. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises. The cost of any such meters and of installation, operation and maintenance and repair thereof thereof, shall be paid for by the Tenant, and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water and electric current consumed as shown by said meter, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerLandlord.

Service and Utilities. (a) Provided that Tenant Lessee is not in default hereunder, Landlord Lessor agrees to furnish to the Premises Monday through Saturdayduring reasonable hours of generally recognized business days, 7 a.m. to 7 p.m., which may be adjusted from time to time determined by Landlord's Lessor at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air air-conditioning required in LandlordLessor's judgement judgment for the comfortable use and occupation of the Premises, water, trash pick-up, landscaping, and common area janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord Lessor shall not be liable for, and Tenant Lessee shall not be entitled to, any reduction of rental by reason of LandlordLessor's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of LandlordLessor. Landlord Lessor shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air-conditioning system, unless caused Lessor reserves the right to install supplementary air-conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by or due Lessee to the negligence or intentional misconduct of Landlord, its agents, servants or employeesLessor upon demand by Lessor. Tenant Lessee will not, without written consent of LandlordLessor, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant Lessee shall require water or electric electrical current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant Lessee shall first procure the written consent of Landlord Lessor, which Lessor may refuse, to the use thereof and Landlord Lessor may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electrical current consumed for any such use. The cost of any such meters and of installation, maintenance maintenance, and repair thereof shall be paid for by the Tenant, Lessee and Tenant Lessee agrees to pay to Landlord Lessor promptly upon demand therefore by Landlord Lessor for all such water and electric electrical current consumed as shown by said metermeters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric electrical current so as consumed. If a separate meter is not installed, such excess cost for such water and electric current electrical will be established by an estimate made by a utility company or electrical engineer.

Service and Utilities. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises Monday through SaturdayPremises, 7 a.m. to 7 p.m., which may be adjusted from time to time by Landlord's sole discretion, and subject to the rules and regulations as part of the Building of which the Premises are a partOperating Costs as further defined in Section 6, electricity for normal lighting desktop office equipment and fractional horsepower office machinesnormal copying equipment, heat and lighting, heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgement judgment for the comfortable use and occupation occupancy of the Premises. Subject to the limitations set forth below, such utilities shall be made available without additional charge between the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and common area janitorial service8:00 a.m. to 12:00 noon on Saturday, except for legal holidays. If Tenant desires electricity or HVAC at any other time, Landlord shall provide and shall xxxx Tenant for the same at Landlord's standard chargestherefore (as established by Landlord from time to time, but which shall not exceed the Landlord’s utility costs reasonably determined,) and Tenant shall pay Landlord's charges therefor at the same time and in the same manner as is provided for the payment of minimum rental hereunder. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the rent be entitled to, any reduction of rental abated by reason of Landlord's (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or delay in furnishing any of the foregoing when such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts, accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises of the Building; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises or Building. Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however however, occurring, through or in connection with or incidental to failure to furnish any of the foregoing, unless caused by or due to the negligence or intentional misconduct of Landlord, its agents, servants or employeessuch services. Tenant will not, shall not use heat-generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system without the prior written consent of Landlord, use any apparatus or device and if such equipment is used, Landlord reserves the right to install supplementary air conditioning units in the PremisesPremises and the cost thereof, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase including the amount of electricity usually furnished or supplied for the use of the Premises as general office space. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises. The cost of any such meters and of installation, operation and maintenance and repair thereof thereof, shall be paid for by the Tenant, and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water and electric current consumed as shown by said meter, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineerLandlord.