Common use of SERVICES AND EQUIPMENT Clause in Contracts

SERVICES AND EQUIPMENT. 21.01. Landlord shall: (a) Provide necessary passenger elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 2 contracts

Sources: Office Lease (Exodus Communications Inc), Office Lease (Exodus Communications Inc)

SERVICES AND EQUIPMENT. Section 21.01. Landlord shall, at its cost and expense: (a) Provide necessary operatorless passenger elevator facilities on Business Days service Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and shall have at least one P.M., holidays excepted. A passenger elevator subject to call will be available at all other times. At A freight elevator shall be available Mondays through Fridays, holidays excepted, only from 8:00 to 6:00 P.M. The freight elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis other than on said days and hours at Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refusecustomary charges therefor. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order repair the Building standard heating, ventilating and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to conditioning system servicing the Demised Premises from locations designated (the "HVAC System") installed by Landlord 24 hours per dayLandlord, 7 days per week. except for those repairs which are the obligation of Tenant shall have the right pursuant to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall The HVAC System will be responsible operated by Landlord as and when required by law, or for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the comfortable occupancy of the Demised Premises (other than as determined by Landlord) throughout the existing 4th floor unit). Landlord has informed year on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant that shall draw and close the draperies or blinds for the windows of the Demised Premises whenever the HVAC system is in operation and the Building are sealedposition of the sun so requires and shall, at all times, cooperate fully with Landlord and that abide by all of the Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC System. Landlord agrees to operate the HVAC System servicing the Demised Premises may become uninhabitable and the air therein may become unbreathable without in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced service in accordance therewith. Tenant expressly acknowledges that some or during all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the hours or days when Landlord habitability of the Demised Premises at any time the HVAC System is not able to furnish condenser water to in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Demised PremisesPremises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Any use Said system is designed to be capable of manufacturing, within tolerances normal in first-class office buildings, inside space conditions averaging 78 degrees Fahrenheit dry bulb and 50% relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or lower. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises without such equipment by more than an average of one (1) person for each one hundred (100) square feet in any separate room or during such hours area, and upon a combined lighting and standard electrical load not to exceed three (3) ▇▇▇▇▇ per usable square foot (excluding the Building HVAC), or if Tenant shall install and operate machines, incandescent lighting and appliances the total connected electrical load in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers. If Tenant shall occupy the Demised Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if the total connected electrical load is in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers, or if Tenant's partitions shall be at arranged in such a way as to interfere with the sole risknormal operation of the HVAC System, responsibility and hazard of TenantLandlord may elect to make changes to the HVAC System or the ducts through which it operates required by reason thereof, and Landlord the cost thereof shall be reimbursed by Tenant to Landlord, as additional rent, within twenty (20) days after presentation of a ▇▇▇▇ therefor. Landlord, throughout the term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access thereto, or interfere with the moving of Landlord's equipment to and from the enclosures containing said installations. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised Premises. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no responsibility or liability thereforservices shall be performed Saturdays, Sundays and holidays, in accordance with Schedule "D" annexed hereto and made part hereof. Such condition If, however, any additional cleaning of the Demised Premises shall not constitute nor be deemed is to be done by Tenant, it shall be done at Tenant's sole expense, in a breach manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Demised Premises or a violation the Building for such purpose. Tenant, at its own cost, may utilize its own employees or outside contractors to perform additional cleaning services in the Demised Premises, provided such employees or outside contractors do not cause any labor disruption or dispute or violate Landlord's union contracts affecting the Building. However, such use of this Lease or outside contractors shall be subject to the right of Landlord to match the costs chargeable by such outside contractors, in which event Landlord shall perform such services at such cost, to be paid by Tenant within twenty (20) days after being billed therefor. Tenant shall pay to Landlord the cost of removal of any provision thereofof Tenant's refuse and rubbish from the Demised Premises and the Building (i) to the extent that the same, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim in any abatement one day, exceeds the average daily amount of rent nor make any claim for any damages or compensation by reason refuse and rubbish usually attendant upon the use of such condition Demised Premises as offices, as described and included in Landlord's cleaning contract for the Building or recommended by Landlord's cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink, excluding food or drink for normal business use. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as additional rent within twenty (20) days after the time rendered. Tenant, at Tenant's expense, shall cause the Demised Premises to be exterminated from time to time to the satisfaction of Landlord and additionally shall cause all portions of the Demised PremisesPremises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Nothing contained herein Tenant shall be deemed not permit any person to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving enter the Demised PremisesPremises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord. Subject to If so requested by Landlord, Tenant shall store any refuse generated by the provisions consumption of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expensefood or beverages on the Demised Premises in a cold box or similar facility. (d) Provide the cleaning Furnish hot and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to shall reimburse Landlord for the cost of the meter or meters and the installation thereof, and to shall pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse pay to Landlord for on demand the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (fe) Maintain the common areas If Tenant shall require and request any of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; foregoing services at times other than above provided, that all work required for Tenant to use and if such shaftway shall be subject to Landlord's request is made at least twenty-four (24) hours prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of time when such additional services are required, Landlord will provide them and Tenant shall pay to Landlord promptly thereafter the charges therefor at the then Building standard rate charged to other tenants in Plaza III and Tenant the Building. Section 21.02. Holidays shall be solely responsible for negotiating for such right of access)deemed to mean all federal holidays, state holidays and Building Service Employees Union Contract holidays. 21.02Section 21.03. Landlord reserves the right without any liability whatsoeverto interrupt, curtail or abatement of Basic Annual Rent or additional rent, suspend the services required to stop the heating, air conditioning, elevator, plumbing, electric and other systems be furnished by Landlord under this Lease when necessary by reason of accident accident, emergency, mechanical breakdown or emergency when required by any law, order or regulation of any Federal, State, County or Municipal authority, or for repairs, alterations, replacements any other cause beyond the control of Landlord. Landlord shall use due diligence to complete all required repairs or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the other necessary work necessary to resume such service as promptly quickly as possible and in a manner so as to minimize interference with that Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage resulting therefrom may be brought into the Building for resale to or for consumption by any other tenant. 21.04as short a period of time as circumstances will reasonably permit. Landlord will not be required to furnish any other services, except Except as otherwise provided in this Lease, Tenant shall not be entitled to nor shall Tenant make claim for any diminution or abatement of minimum rent or additional rent or other compensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment, suspension, work or inconvenience. Section 21.04. Tenant shall reimburse Landlord promptly for the actual out-of-pocket cost to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant not covered by the Cleaning Specifications (Schedule D) and Tenant shall pay all bills therefor when rendered. Section 21.05. If Tenant shall request Landlord to furnish any services in addition to those hereinabove provided or perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly thereafter the charges therefor, which charges are deemed to be additional rent and payable as such. Section 21.06. Landlord shall provide security in the Building lobby and Tenant shall have access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week, subject to emergencies, police power and Article 34. Section 21.07. Landlord represents that the Building facility equipment is Y2K ready and the Building shall be operated and maintained as a first-class building similar to other first-class buildings in the vicinity of the Building.

Appears in 2 contracts

Sources: Lease Agreement (Cmgi Inc), Lease (Cmgi Inc)

SERVICES AND EQUIPMENT. 21.0115.01. Landlord Landlord, at its own cost and expense shall: (a) Provide necessary full passenger elevator facilities on Business Days service (i.e., five (5) Passenger elevator cars, subject to the provisions of Section 15.03) from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator subject to call on all Business Days with two (2) passenger elevators available at all other times. Landlord may designate local and express stops for elevators and may change such designation of express and local stops from time to time. Landlord agrees that, except in an emergency situation, Landlord shall not grant permission for any construction items or materials or for any workmen carrying the same to be transported by use of the passenger elevator cars. At Landlord's option, times other than during Business Hours of Business Days up to one (1) elevator car in Tenant’s elevator bank may be used for the elevators transport of construction workers or materials; provided that such elevator car shall be operated by automatic control or by manual control, or by properly cleaned before the beginning of the next Business Day. Landlord will use a combination of both of such methods. Tenant shall use passenger elevators solely first class standard for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuseelevator maintenance. (b) Provide freight elevator service to the Premises on Business Days from 9:00 a first come-first served basis (i.e., no advance scheduling) during the Building’s normal freight elevator hours (i.e., 8 A.M. to 12:00 Noon P.M. and 12:30 1:00 P.M. to 5:00 P.M. All deliveries 4:30 P.M.) of Business Days. Freight elevator service shall also be provided to Tenant the Premises on a reserved basis at all other times, upon the payment of Landlord’s then established charges therefor which shall be made Additional Charges hereunder. As of the date hereof, Landlord’s charge for overtime freight elevator service is at the rate of $200 per hour subject to increase in proportion to increases in Landlord’s actual costs to provide same. Any request for overtime freight docks located on elevator service shall entail a minimum in the ground floor or at such other locations as Landlord may from time number of hours to time designatethe extent the applicable Building Service Union Employee Service contract requires a minimum number of hours per shift. (c) Maintain and keep in good order and repair (i) Supply ventilation throughout the air year and supply heat and air-conditioning, heating as seasonally required; but in all events, Landlord shall supply heat from October 15 to April 15 and air-conditioning from April 15 to October 15, from the Building heating, ventilating unit existing and air-conditioning system from 8:00 A.M. to 6:00 P.M, on all Business Days in accordance with the date of this Lease in the Fourth Floor Space specifications attached hereto as Exhibit N and made a part hereof. (ii) In connection with its operation of the other base building structural existing systems and equipment in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioningBuilding, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water give due consideration to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per weekapplicable portions of ASHRAE Standard No. Tenant shall have 62-1989 to the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, extent that the performance same is implemented or adhered to generally by buildings with similar systems and equipment and of such work shall be performed in accordance with Article 6 similar age and all other applicable provisions of this Leasesize. Tenant acknowledges that Tenant if it shall be responsible fail to keep entirely unobstructed all of the vents, intakes, outlet and grilles in the Premises at all times, or shall fail to comply with and observe all reasonable regulations and requirements prescribed by Landlord for installing, at its sole cost and expense, the proper functioning of the heating, ventilation ventilating and air air-conditioning equipment system, the HVAC services may not meet the standards set forth in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expensespecifications. (d) Provide cleaning services, in accordance with the cleaning specifications set forth in Exhibit F hereto, in the Premises and janitorial services described public portions of the Building on Schedule E annexed hereto on all Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish hot and cold water for lavatory and drinking and office cleaning purposespurposes and for use in all pantries and kitchenettes installed by Tenant in the Premises. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord for the reasonable out-of-pocket cost of the meter or meters and the installation thereof, and to pay for the reasonable out-of-pocket maintenance cost of said meter equipment and/or to pay within thirty (30) days after Landlord's cost ’s rendition of other means of measuring such water consumption by Tenanta ▇▇▇▇ therefor. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measuredbased upon the actual out-of-pocket cost to Landlord of such water, including any actual out-of-pocket costs incurred by Landlord in connection with the meter readings, and any sewer rents, and all other charges imposed by any authority, on, or measured by, the use of water within thirty (30) days after rendition of a ▇▇▇▇ therefor. (f) Maintain listings on the common areas Building directory of the Complex names of Tenant, or its permitted subtenants, assignees or affiliates and the names of any of their officers and employees, provided that the names so listed shall not use more than Tenant’s Proportionate Share of the space on the Building directory. Tenant shall reimburse Landlord for any actual out-of-pocket costs incurred by Landlord to unaffiliated third parties in good order connection with changes and repairadditions to such directory listings requested by Tenant. (g) Permit Tenant Repaint or retouch, as reasonably required to use sufficient shaft space compensate for ordinary wear and tear and for any damage caused by Landlord, its employees, contractors and agents, all convector covers in Plaza III to accommodate the Premises not less frequently than once in every three 4" diameter conduits for a telecommunication shaftway(3) years; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, furtherhowever, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating at its expense to remove its property and make such convectors accessible for such right painting by Landlord. (h) With respect to the Tenant named herein only, provide at the existing security/concierge desk in the lobby of accessthe Building during all hours other than Business Hours of Business Days personnel to carry out such security procedures as are set forth in Exhibit P hereof and to implement other security measures as Landlord shall from time to time adopt (after consultation with Tenant, but without any obligation to obtain Tenant’s agreement or approval). Notwithstanding that Landlord shall agree to instruct its employees to follow such security procedures as set forth in this Lease, Landlord shall in no way be responsible for any violation of such procedures or circumvention of such Procedures as may occur from time to time at the Building and in no event shall Landlord be liable to Tenant for any loss, injury or damage to Tenant or to any other person as may result from violations or circumventions of the security procedures instituted at the Building as described in this subsection 15.01(h). 21.0215.02. Holidays shall be deemed to mean all those dates designated as holidays by the Board of Governors of the New York Stock Exchange, in addition to dates designated as holidays by the City of New York, State of New York and/or the United States, and in addition shall also include holidays to which maintenance or service employees of the Building are entitled under their union contract or contracts. 15.03. Landlord reserves the right without any liability whatsoeverto interrupt, curtail or abatement of Basic Annual Rent or additional rent, suspend the services required to stop be furnished by Landlord under this Article 15 when the heating, air conditioning, elevator, plumbing, electric and other systems when necessary necessity therefor arises by reason of accident accident, emergency, mechanical breakdown, or emergency when required by any law, order or regulation of any Federal, state, county or municipal authority, or for repairs, alterations, replacements or improvements, provided that except any other cause beyond the reasonable control of Landlord. Except in case of an emergency, Landlord will notify Tenant in advance, if possible, advance of any such stoppage andstoppage, and if ascertainable, its estimated duration, and will proceed diligently . Landlord shall complete all required repairs or other necessary work in accordance with the work necessary standards set forth in subsection 13.01(b). Except as set forth in Section 13.03 hereof and subject to resume such service the provision of Section 27.03 hereof, no diminution or abatement of rent or other compensation shall or will be claimed by Tenant as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment result therefrom, nor shall this Lease or any of the Demised Premisesobligations of Tenant be affected or reduced by reason of such interruption, but Landlord shall not be obligated to employ overtime curtailment or premium labor thereforsuspension. 21.03. It is expressly agreed that only Landlord (a) If Tenant shall require heat or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and air-conditioning services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time other than as furnished by Landlord in accordance with subsection 15.01(c) hereof, then, if Tenant shall give notice in writing to the Building superintendent prior to 4:00 P.M. in the case of services required on weekdays, prior to 4:00 P.M. on the Friday prior in the case of after hours service recurred on weekends or on holiday Mondays or prior to 4:00 P.M. on the day prior in the case of after hours service recurred on other holidays or weekends following Fridays which are holidays, Landlord shall furnish such service and from time Tenant shall pay to time, the hours during which and the regulations under which such supplies and services are to be furnishedLandlord upon demand as Additional Charges hereunder Landlord’s then established charges therefor. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more As of the said supplies and servicesdate hereof, provided that the quality thereof and the charges therefor are reasonably comparable Landlord’s standard rate charged to that of other suppliers. Landlord expressly reserves the right to exclude from tenants in the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services$600.00 per floor per hour and, except as otherwise provided below in this subsection 15.04(a), requires a four (4) hour minimum and a four (4) floor minimum. Such charge shall be subject to increase in proportion to increases in Landlord’s actual costs to provide same provided however if Landlord charges a future tenant in the Building a lesser rate for the overtime heat or air-conditioning services, then provided Tenant shall agree to be obligated to utilize the same or more overtime heat or air-conditioning services utilized by such future tenant, such charge charged to Tenant shall then and thereafter be reduced to such lesser charge charged to such future tenant. If any other tenant or tenants of the Building in the same zone as Tenant request overtime air-conditioning or heating for any period for which Tenant has requested such service pursuant to the provisions of this subsection 15.04(a), then the Landlord’s charge for overtime HVAC, as set forth above, shall be prorated among Tenant and such other tenant or tenants, as the case may be. Notwithstanding the generality of the foregoing, any request for overtime HVAC service to commence at 6:00 P.M. on any Business Day shall not require or be subject to a “minimum” with respect to hours, but shall still require a four (4) floor minimum. Notwithstanding anything to the contrary contained herein, Tenant shall be entitled to receive overtime HVAC without being required to pay any Additional Charges therefor on up to twelve (12) occasions (each such occasion being of a duration of four (4) hours and applying with respect to four (4) floors in the Premises) during each calendar year to occur during the term of this Lease (prorated on the basis of one (1) such occasion per month with respect to any partial calendar year to occur during the term of this Lease.). Each such four (4) continuous hour period is

Appears in 2 contracts

Sources: Lease (Ambac Financial Group Inc), Settlement Agreement (Ambac Financial Group Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall, at its cost and expense: (a) Provide necessary passenger elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator subject to call sufficient elevators available at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for have access to the transportation of its employees and invitees and not for freight handlingDemised Premises twenty-four (24) hours a day, the delivery of packages requiring hand trucks or other similar items or the removal of refuseseven (7) days per week. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioningheating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on Business Days, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no event shall Landlord be responsible responsibility or liability for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows conditions and/or temperature of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able required to furnish condenser water heat pursuant to the Demised Premisesthis paragraph. Any use or occupancy of the Demised Premises without such equipment during the hours or during such hours days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of If the Demised Premises shall be uninhabitable during such times as Landlord is not required to furnish heat to the Demised Premises pursuant to this paragraph, such condition shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein It is Landlord's recommendation that Tenant cause all of the windows in the Demised Premises to be kept closed to facilitate proper functioning of the heating system. If Tenant shall elect not to do so, any improper functioning of the heating system resulting therefrom shall be deemed the sole responsibility of Tenant to require cure (at Tenant's sole cost and expense). Tenant shall keep entirely unobstructed all of the vents, intakes, outlets and grilles, at all times and shall comply with and observe all reasonable regulations and requirements prescribed by Landlord for the proper functioning of the heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to furnish the Demised Premises by way of an existing air-cooled package type air-conditioning unit (the "A/C Unit"). Tenant shall, at Tenant's expense, maintain and repair and replace (as necessary) the A/C Unit, including, without limitation, the periodic cleaning of filters, replacement of fuses and bets, the calibration of thermostats and all start-up and shutdown maintenance of the A/C Unit. Landlord hereby agrees to "balance" the A/C Service in the Demised Premises as part of Landlord's Work, however, it is understood that Landlord shall have no further obligation to "balance" the A/C Service after the Commencement Date. Such maintenance obligations shall be performed throughout the Term by a reputable air-conditioning maintenance company engaged by Tenant at Tenant's expense (and first approved by Landlord). Tenant shall pay on demand all expenses incurred in connection with the maintenance and repair of the A/C Unit. In the event of the total breakdown of the A/C Unit In such electric energy as is a manner that the same cannot reasonably be repaired, Landlord shall replace the A/C Unit at its own cost and expense. All electricity used in connection with the operation of the A/C Unit shall be supplied by Landlord upon and subject to all of the terms and conditions contained in Article 4 hereof. The existing A/C Unit, and any replacements thereof or additional units installed by Tenant during the Term, shall be and remain at all times the property of Landlord, and Tenant shall surrender the A/C Unit and all such repairs and replacements to Landlord in good working order and condition on the Expiration Date. If any permit or license shall be required to operate for the air conditioning system operation of any A/C Unit serving the Demised Premises. Subject to , Landlord shall have the provisions option of Article 4 hereof all such electric energy shall be furnished to Tenant obtaining the same on Tenant's behalf and at Tenant's expense, or requiring Tenant, at Tenant's expense, to obtain and maintain any such permit or license. It is Landlord's recommendation that Tenant cause all of the windows in the Demised Premises to be kept closed to facilitate proper functioning of the A/C Unit. If Tenant shall elect not to do so, any improper functioning of the A/C Unit resulting therefrom shall be the sole responsibility of Tenant to cure (at Tenant's sole cost and expense). Tenant shall keep entirely unobstructed all of the vents, intakes, outlets and grilles, at all times and shall comply with and observe all reasonable regulations and requirements prescribed by Landlord for the proper functioning of the A/C Unit. (d) Provide the cleaning Furnish hot and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish cold water for lavatory and lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposespurpose, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter mater or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposesconsumed, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). Section 21.02. A. Landlord reserves the right without to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 21 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any liability whatsoeverlaw, order or regulation of any federal, state, county or municipal authority, or for any other cause beyond the reasonable control of Landlord. Landlord shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. No diminution or abatement of Basic Annual Rent rent or additional rentother compensation shall or will be claimed by Tenant as a result therefrom, to stop nor shall this Lease or any of the heating, air conditioning, elevator, plumbing, electric and other systems when necessary obligations of Tenant be affected or reduced by reason of accident such interruption, curtailment or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor thereforsuspension. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 2 contracts

Sources: Lease (Ticketmaster Online Citysearch Inc), Lease (Citysearch Inc)

SERVICES AND EQUIPMENT. 21.01Section 28.1. Landlord shall:, at Landlord’s expense (except as otherwise noted below): (aA) Provide necessary passenger elevator facilities service to the Premises on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator during Operating Hours and, subject to Section 28.3, have one (1) passenger elevator on call at all other times. At Landlord's optionTenant agrees that Landlord may, at its election, install elevators with or without operators and may change the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refusesame from time to time. (bB) Provide non-exclusive access to the Building’s freight elevator service elevator(s) serving the Premises (both during the Term and during construction of the Initial Alterations) on call on a “first come, first served” basis on Business Days during Operating Hours without additional charge to Tenant; and on a reservation, “first come, first served” basis from 9:00 A.M. 6:00 p.m. to 12:00 Noon 8:00 a.m. on Business Days and 12:30 P.M. at any time on days other than Business Days (such periods, hereinafter “Overtime Periods”), with a minimum block of four (4) consecutive hours to 5:00 P.M. All deliveries be reserved during such Overtime Periods (to Tenant the extent that such minimum time period is required under the applicable union contract(s) applicable to the Building) at Landlord’s standard rates, which amounts shall be made at payable to Landlord as Additional Rent. Notwithstanding the foregoing, provided Tenant has scheduled such use with Landlord, Tenant may use a freight docks located on elevator during Overtime Periods for Tenant’s initial move into the ground floor or at Premises, and Landlord will waive the first $4,000 in such other locations as Landlord freight elevator charges. Such use may from time to time designateoccur during the term of the Sublease. (cC) Maintain Provide non-exclusive access to the Building’s loading docks on a “first come, first served” basis on Business Days during Operating Hours without additional charge; and keep on a reservation, “first come, first served” basis during Overtime Periods. (D) Furnish to the Premises, through the HVAC System, during Operating Hours on Business Days condenser water to operate the Building HVAC System serving the Premises, from April 15 through October 15, and heat or ventilation (as needed) to heat the Premises during the cold season; provided that Tenant shall draw and close the draperies or blinds for the windows of the Premises whenever the ventilation or air-conditioning system is in good order operation and repair (i) the air conditioningposition of the sun so requires and shall, heating at all times, reasonably cooperate with Landlord and ventilating unit existing on abide by all of the date Rules and Regulations which Landlord may reasonably prescribe for the proper functioning of the HVAC System. The design of the air-conditioning equipment referred to in Article 38 of this Lease in the Fourth Floor Space and (ii) the other base building structural systems is capable of operating in accordance with the following specifications, subject to Tenant’s design of the Premises, including the duct work, and distribution of such HVAC within the Premises: Summer: 95ºF DB and 75ºF ▇▇ ▇▇▇▇▇▇: 10ºF DB Summer: 74ºF DB (+/-2ºF) max; no humidity control Winter: 72ºF DB (+/-2ºF); no humidity control Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 7.01; it being understood that in no event shall 28.3. Landlord will not be responsible for the maintenance failure of the HVAC System if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet of usable area or repair if Tenant uses in excess of any other air conditioning, heating or ventilating systems the electrical demand load permitted under Article 4. If Tenant occupies the Premises at an occupancy rate of greater than that for which the HVAC System was designed (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours 1 person per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided▇), that or uses in excess of the performance electrical demand load permitted under Article 4, or if Tenant’s partitions are arranged in such a way as to interfere with the normal operation of such work the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts through which it operates required by reason thereof, and the cost thereof shall be performed in accordance with Article 6 and all other applicable provisions reimbursed by Tenant to Landlord as Additional Rent within thirty (30) days after presentation of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability a ▇▇▇▇ therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof 16, Landlord, throughout the Term, shall have free access to all such electric energy mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct or place partitions, furniture or other obstructions that may interfere with Landlord’s free access thereto or the proper functioning of Building Systems, or interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations. Landlord’s obligations under this Section 28.1 and under Section 28.2 are subject to applicable Laws that may limit the hours or the extent to which Landlord is permitted to supply HVAC. The foregoing provisions are not intended to be furnished construed to relieve Landlord from liability to Tenant at Tenant's cost and expenseresulting from Landlord’s negligence or willful misconduct. (dE) Provide the Furnish cold water for ordinary drinking, cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services lavatory purposes and domestic hot water to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water core restrooms in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposesPremises. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may Tenant shall install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's ’s cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated customary office use (including costs of generating hot water to be consumed for lavatoryTenant’s equipment within the Premises, drinking and office cleaning purposes, if applicable) as measured by said meter or meters or as otherwise measured, including sewer rents, as Additional Rent within ten (10) days after bills are rendered. (fi) Maintain Provided Tenant shall keep the common Premises in order, cause the Premises, excluding any portions thereof used as security areas or used as a separate room for the storage, preparation, service or consumption of food or beverages, to be cleaned on Business Days in accordance with the cleaning specifications annexed to this Lease as Schedule E. If, however, any additional cleaning of the Complex Premises is to be done by Tenant, it shall be done at Tenant’s sole expense, in good order a manner reasonably satisfactory to Landlord and repairno one other than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant shall pay to Landlord the cost of removal of any of Tenant’s refuse and rubbish from the Premises and the Building (i) to the extent that the same, in any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Premises as offices, as described and included in Landlord’s cleaning contract for the Building or recommended by Landlord’s cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as Additional Rent within ten (10) days after the time rendered. Tenant shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Premises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord. (gii) Permit In addition to the requirements of Section 28.1(F)(i), Tenant shall, at its sole cost and expense, comply with all Requirements with respect to use sufficient shaft space the recycling or sorting of refuse and rubbish, and, without limiting the generality of the foregoing, (a) shall recycle spent products, including toner cartridges, copier drums and fluorescent tubes, and (b) shall provide facilities in Plaza III the premises for separate storage and recycling of each of the following: (x) paper products and cardboard, (y) aluminum, glass and plastic, and (z) food wastes and so-called “wet garbage”. Tenant shall arrange and require its employees working in the Premises to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval participate in annual training regarding recycling and shall be performed at Tenant's expense participate in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02Landlord-sponsored training programs regarding recycling. Landlord reserves the right without to refuse to collect or accept from Tenant any liability whatsoeverrefuse or rubbish which is not separated and sorted as required and to require Tenant to arrange for such collection, at Tenant’s sole cost and expense, using a contractor reasonably satisfactory to Landlord. (G) If the “sprinkler system” installed in the Building or abatement any of Basic Annual Rent its appurtenances are damaged or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary injured or not in proper working order by reason of accident any act or emergency omission of Tenant or for repairsof Persons Within Tenant’s Control, Tenant shall forthwith restore the same to good working condition at Tenant’s expense; and if the New York Board of Fire Underwriters or the New York Insurance Rating Organization or any Government Authority requires or recommends that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of Tenant’s business, or the location of the partitions, trade fixtures, or other contents of the Premises, Landlord shall, at Tenant’s expense, promptly make and supply such changes, modifications, alterations, replacements additional sprinkler heads or improvementsother equipment (pursuant to submission of necessary engineering plans and specifications for Landlord’s approval). (H) Subject to the Rules and Regulations, provided that except in case Tenant shall have access to the Premises twenty-four (24) hours per day seven (7) days per week. Section 28.2. In furtherance of emergencyand without limiting the provisions of Section 28.1(D) hereof, Landlord will notify the Fixed Rent does not reflect or include any charge to Tenant in advancefor the furnishing of HVAC to the Premises during Overtime Periods. Accordingly, if possibleLandlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, of any Tenant shall pay Landlord Additional Rent for such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such services at Landlord’s standard rates. Landlord’s service charges as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but date of this Lease are annexed hereto as Schedule I. Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any such services during any Overtime Periods unless Landlord has received advance notice from Tenant requesting such services prior to 2:00 p.m. of the day upon which such services are requested or by 2:00 p.m. of the last preceding Business Day if such Overtime Periods are to occur on a day other servicesthan a Business Day. If Tenant fails to give Landlord such advance notice, except as otherwise provided then failure by Landlord to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. Section 28.3. (A) Landlord reserves the right to stop the furnishing of the Building services and to stop service of the Building Systems, when necessary, by reason of accident, or emergency, or for Alterations in the judgment of Landlord desirable or necessary to be made, until said Alterations shall have been completed; and Landlord shall have no responsibility or liability for failure to supply air-conditioning, ventilation, heat, elevator, plumbing, electric, or other services during said period or when prevented from so doing by strikes, lockouts, labor troubles, difficulty of obtaining materials, accidents or by any cause beyond Landlord’s reasonable control, or by Requirements or failure of electricity, water, steam, coal, oil or other suitable fuel or power supply, or inability by exercise of reasonable diligence to obtain electricity, water, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspension, nor shall the same constitute an actual or constructive eviction. Without limiting events that may constitute “any cause beyond Landlord’s reasonable control,” the following are items which Landlord and Tenant agree are beyond Landlord’s reasonable control: (1) Lack of access to the Building or the Premises (which shall include, but not be limited to, the lack of access to the Building or the Premises when it or they are structurally sound but inaccessible due to evacuation of the surrounding area or damage to nearby structures or public areas); (2) any cause outside the Building; (3) Reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to, the presence of biological or other airborne agents within the Building or the Premises);

Appears in 2 contracts

Sources: Lease Agreement (Everyday Health, Inc.), Lease Agreement (Everyday Health, Inc.)

SERVICES AND EQUIPMENT. 21.01. (a) Landlord shallshall throughout the Term, provided that Tenant is not in default of any of the terms or conditions of this lease, beyond applicable notice and grace periods: (ai) Provide necessary passenger elevator facilities provide Tenant with a separate and semi-exclusive entrance to the Building on Business Days from 8:00 A.M. to 6:00 P.M. and shall have 37th ▇▇▇▇▇▇ ▇▇gether with only the other tenants at least one elevator subject to call at all other timesthe Building for which the 37th street entrance is its sole means of egress. At Landlord's option, One of the two existing elevators located in the 37th ▇▇▇▇▇▇ ▇▇▇by shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely used for the transportation sole and exclusive use of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight Tenant. The second elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made available to all tenants at freight docks located the Building for which the 37th street entrance is its sole means of egress. The elevator facilities (excluding the 5th Avenue entrance which will be made available during Business Hours on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or TenantBusiness Days), including, without limitation, systems that are installed will be provided to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord Tenant 24 hours Hours per day, 7 days per week. Landlord has advised Tenant that the three elevators servicing the Fifth Avenue entrance to the Building may be upgraded and refurbished. (ii) maintain and keep in good order and repair the heating and building- wide air-conditioning systems that serve the Premises. Landlord shall have the right to tap into provide heat during Business Hours on Business Days and air-conditioning supplied by the Building's condenser water riser via system (and not by any supplemental system servicing the tap currently located Premises) during Business Hours on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; providedBusiness Days, that the performance maintaining interior conditions of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment 72(degree) - 77(degree) in the Demised Premises cooling season and 66(degree)-74(degree) in the heating season and will provide fresh air in a quantity not less than .14 (other than the existing 4th 14/100) cubic feet per minute per square foot of floor unit). Landlord has informed Tenant area provided that the windows in any given room or area of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is occupancy does not able to furnish condenser water to the Demised Premisesexceed one (1) person for each 100 square feet. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat or air conditioning pursuant to this Article. Tenant shall not constitute nor be deemed cause all of the windows in the Premises to be a breach kept closed and shall keep entirely unobstructed all the vents, intakes, outlets and grilles whenever the air-conditioning or a violation heating system is in operation and shall comply with and observe all reasonable regulations and requirements prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning systems. Notwithstanding anything in this Lease or of any provision thereofto the contrary, nor Tenant shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim solely responsible for any damages or compensation by reason of such condition all maintenance costs of the Demised supplemental air-conditioning system presently servicing the Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air supplemental air- conditioning system and ventilating systems serving the Demised Premises. Subject to the provisions of Article 4 12 hereof all such electric energy shall be furnished by Landlord to Tenant at Tenant's cost and expense. (d) Provide expense except for electric energy for the cleaning building-wide air-conditioning systems which Landlord shall furnish at Landlord's cost. If Tenant shall require air conditioning at times when Landlord is not required to furnish same, Tenant shall give Landlord notice, by noon of the same day, of such requirement and, if same is furnished by Landlord, Tenant shall pay on demand Landlord's reasonable charges not to exceed $90.00 per hour for the entire Premises, as additional rent for air-conditioning Monday through Friday after 6:00 P.M., Saturdays after 1:00 P.M. and janitorial services described Sundays all day which overtime charge may be increased by Landlord in direct proportion to Landlord's costs increase therefor. If Tenant shall require heating at times when Landlord is not required to furnish same, Tenant shall give Landlord notice, by noon of the same day, of such requirement and, if same is furnished by Landlord, Tenant shall pay on Schedule E annexed hereto on Business Daysdemand Landlord's reasonable charges not to exceed $90.00 per hour for the entire Premises as additional rent for heating Monday through Friday after 6:00 P.M., Saturdays after 1:00 P.M. and Sundays all day, which overtime charge may be increased by Landlord in direct proportion to Landlord's costs increase therefor. In the event Landlord's cost of providing such services to another Tenant in the Existing Buildings shall increase after the date hereofBuilding advises Landlord that it requires overtime heating or air-conditioning service from Landlord and Tenant subsequently requests overtime heating or air-conditioning service, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify not charge Tenant of any for such increaseovertime service so long as Landlord receives full compensation for such overtime service. (iii) Tenant shall maintain the Premises in a neat and clean manner. Tenant shall employ provide, at its sole cost and expense, all cleaning supplies and materials as Tenant deems necessary, Landlord shall have no obligation to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess whatsoever or furnish any cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access supplies or materials to the Demised Premises, except that Landlord shall be responsible for the carting and disposal of all of Tenant's refuse and rubbish. In consideration thereof, the Fixed Annual Rent due hereunder shall be decreased ("Decrease") by Seventy-Eight Thousand Dollars ($78,000.00) per annum from the date Tenant takes physical occupancy of the Premises at all times after 5:30 P.M. through the day immediately preceding the second anniversary of the Commencement Date, which Decrease shall be increased on each anniversary of the Commencement Date by multiplying the Decrease for the immediately preceding year by a fraction, the numerator of which shall be the CPI in effect on the immediately preceding anniversary of the Commencement Date and before 8:00 A.M. the denominator of which shall be the CPI in effect on such anniversary of the Commencement Date. The amount of the Decrease, for each year of the Term, (including the first year of the Term) shall be credited, in equal monthly installments, against the next installments of fixed annual rent payable hereunder. For example, if Tenant takes physical occupancy of the Premises on March 1, 1997 and shall have the right Commencement Date of this Lease is December 1, 1996, the total Decrease for the period through the date preceding the second anniversary of the Commencement Date would be equal to use, without charge therefor, all light, power and water $136,500.00 ($78,000.00 / 12 =$6,500.00 x 21 months) which will be credited against fixed annual rent from the first anniversary of the Commencement Date through the second anniversary of the Commencement Date in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling equal monthly installments of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1)$11,375.00. (eiv) Furnish hot and cold water for lavatory and drinking lavatory, drinking, plant watering and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposespurposes in unusual quantities, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to shall reimburse Landlord for the cost of the meter or meters and the installation thereof, and to shall pay for the maintenance of said meter equipment and/or to shall pay Landlord's cost costs of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatoryunusual quantities, drinking and office cleaning purposesincluding sewer rents, as measured by said meter or meters or as otherwise measured, including sewer rentsand the cost to heat such water. (fb) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right right, without any liability whatsoever, or whatsoever and without abatement of Basic Annual Rent fixed annual rent or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, sanitary, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but . Landlord shall not be obligated liable in any way to employ overtime Tenant for any failure of the heating, air-conditioning, elevator, plumbing, sanitary, electric and other systems by reason of any failure or premium labor therefordefect in the supply or character of electric energy furnished to the Building or the Premises by the public utility serving the Building. 21.03. It is expressly agreed that only Landlord (c) Landlord, at Tenant's request, shall maintain listings on the Building directory of the names of Tenant, permitted assignees or any one or more personssubtenants, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if and the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms names of any contract with such workers or servicers) will be permitted to furnish laundryof Tenant's officers and employees, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understoodprovided, however, that the aggregate number of names so listed shall not exceed sixty-seven (67). The reasonable charge of Landlord for any changes in such listings requested by Tenant or regular office employees or guests of shall be paid by Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may to Landlord on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenantdemand. 21.04. (d) Landlord will shall not be required to furnish any other services, except as otherwise provided in this Lease. However, Landlord agrees to provide Tenant, throughout the Term, services similar to those of comparable buildings in the borough of Manhattan. (e) Landlord upon reasonable notice from Tenant, shall provide Tenant with access to building risers, shafts and conduits for the purpose of running cabling or wiring in connection with Tenant's installation of a communication system. (f) Landlord shall maintain the sprinkler system servicing the Premises. However, Landlord shall not be obligated to repair the sprinkler system servicing the Premises if damage to the sprinkler system is due to Tenant's negligence or wilful conduct.

Appears in 1 contract

Sources: Lease Agreement (Gt Interactive Software Corp)

SERVICES AND EQUIPMENT. 21.01. 21.01 So long as Tenant is not in default under any of the covenants of this Lease beyond all applicable notice and cure periods, Landlord shall, at its cost and expense: (a) Provide necessary passenger elevator facilities on Business Days from (as hereinafter defined in Article 22) during “regular hours” (that is between the hours of 8:00 A.M. to and 6:00 P.M. and shall have at least one elevator subject to call at all other timesP.M.). At Landlord's ’s option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Heat and cooling service shall be provided, as may be required for comfortable occupancy of the Demised Premises during regular hours of Business Days during the heating and cooling seasons respectively. If Tenant shall use passenger elevators solely for the transportation require heat and cooling service during hours other than regular hours or on days other than Business Days (hereinafter called “After Hours”), Landlord shall furnish such After Hours heat and cooling service upon reasonable advance notice from Tenant, and Tenant shall pay, on demand an estimated charge of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse$650.00 per hour. (b) Provide freight elevator service cleaning and janitorial services on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per weekDays. Tenant shall have pay to Landlord on demand the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such costs incurred by Landlord for (a) extra cleaning work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the Demised Premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than the existing 4th floor unit). Landlord has informed office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant that the windows of or at its request, and (b) removal from the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or so much of any provision thereof, nor refuse and rubbish of Tenant as shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement exceed that ordinarily accumulated daily in the routine of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial servicesbusiness office occupancy. Landlord, its cleaning contractor and their employees shall have After Hours access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all free use of light, power and water in the Demised Premises as reasonably required to clean for the purpose of cleaning the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access)Landlord’s obligations hereunder. 21.02. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent fixed annual rent, or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for necessary repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. 21.03 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease. 21.04 Tenant shall have the right to access the building 24 hours a day 7 days a week, subject to Landlord’s reasonable security procedures. 21.05 Tenant shall receive two (2) access/identification cards to the Demised Premises. Any additional access/identification card(s) shall cost $15.00 each which shall be payable by Tenant to Landlord upon Tenant’s request for said additional access/identification card(s). 21.06 Landlord shall maintain the heating and air conditioning systems, plumbing and electrical systems throughout the Building (including the Demised Premises) and the outside walls, outside windows, concrete floors, common areas, hallways, bathrooms, lobbies, sidewalks and roof of the Building in good order and repair (hereinafter “Landlord’s Obligation”). Landlord represents that the systems referenced herein are currently in good working order.

Appears in 1 contract

Sources: Lease Agreement (Dipexium Pharmaceuticals, Inc.)

SERVICES AND EQUIPMENT. 21.01. 21.01 From and after the Commencement Date, Landlord shall operate and maintain the Building, the Building Systems (as defined in Section 21.06) and the Common Areas (and Plaza II, to the extent such operation and maintenance materially affects Tenant’s occupancy of the demised premises in accordance with this Lease) as a first-class office building comparable to other first-class office buildings in the vicinity of the Building (including, without limitation, other buildings within the Complex) and shall: (a) Provide necessary passenger elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator which accesses the entire demised premises subject to call at all other times. At Landlord's ’s option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide non-exclusive freight elevator service on a first come-first served basis (i.e., no advance scheduling) on Business Days from 9:00 8:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (which, as of the date of this Lease, are $65 per hour, with a four-hour minimum). All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. Without limiting the foregoing provisions of this subparagraph (b), Landlord shall, at Tenant’s election, provide for Tenant’s exclusive use, the freight elevator shown on Schedule M (the “Dedicated Elevator”) without charge during the performance of Tenant’s Initial Work. Tenant accepts the Dedicated Elevator in “as is” condition, provided that the Dedicated Elevator is in good working order as of the Commencement Date. Tenant, at Tenant’s sole cost and expense, shall be responsible for all renovation, repairs, maintenance and costs of operation of the Dedicated Elevator, including without limitation, the cost of electric (which Tenant, at Tenant’s sole cost, shall cause the Dedicated Elevator to be measured by its existing direct meter serving the demised premises) and costs to ensure that the Dedicated Elevator is in compliance with Legal Requirements and to reprogram the Dedicated Elevator. Notwithstanding any of Tenant’s foregoing rights to use of the Dedicated Elevator, Tenant’s use the Dedicated Elevator shall be prohibited if such use would result in jurisdictional labor disputes or strikes at the Property or conflict with the terms of any contract with such workers or servicers. (c) Maintain and keep in good order and repair (i) the air conditioningBuilding condenser water system and provide condenser water to all base Building DX Units which exclusively serve the demised premises on Business Days between the hours of 8:00 a.m. - 6:00 p.m., heating and ventilating unit existing on Saturdays between the date hours of this Lease in the Fourth Floor Space and (ii) the other base building structural systems 8:00 a.m. — 1 p.m., in accordance with Section 7.01the HVAC specifications set forth in Schedule D; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's ’s data processing, computer or telephone operations. , and Landlord shall provide reasonable amounts only be responsible for the maintenance and repair of condenser water to the Demised Premises from locations designated by base building DX Units exclusively serving the demised premises. If applicable through Tenant’s expansion, Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installingthe maintenance and repair of the base Building DX Unit(s) serving the 2nd Floor Expansion Space, at its sole cost the 6th Floor Expansion Space and expense, heating, ventilation any Offer Space. Tenant agrees that the base Building DX Units serving the demised premises shall contribute the proportionate share of ventilated air and air air-conditioning equipment in to the Demised Premises (other than common areas of the existing 4th floor unit)floors on which the demised premises is located. Landlord has informed Tenant that the windows of the Demised Premises demised premises and the Building are sealed, and that the Demised Premises demised premises may become uninhabitable and the air therein may become unbreathable without such equipment or unbreatheable during the hours or days when Landlord is not able to furnish condenser water to the Demised Premisesdemised premises or when the DX Units are not operational. Any use or occupancy of the Demised Premises without such equipment or demised premises during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises demised premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premisesdemised premises. Tenant shall cause and keep entirely unobstructed at all times all the vents, intakes, and shall comply with and observe all regulations and requirements prescribed by Landlord for the proper functioning of the condenser water systems and base building DX Units. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's ’s expense such electric energy as is required to operate the air conditioning system serving the Demised Premisesdemised premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's ’s cost and expense, and Tenant shall cause all the DX Units exclusively serving the demised premises to be connected to the direct meter(s) (or submeter(s) if applicable) measuring Tenant’s consumption of electricity. If Tenant shall require condenser water at any times other than those specified in the initial sentence of this Section 21.01(c), Landlord shall furnish such service to Tenant upon reasonable prior notice to Landlord at Landlord’s standard charges therefor, subject to increases in such rate from time to time; provided, that any future increases in such rate shall be confined to the same percentage increase as the increase in Landlord’s cost of operating, maintaining, repairing and replacing the Building condenser water system (including, without limitation, a reasonable allocation in respect of the depreciation of such system). As of the date of this Lease, Landlord shall charge Tenant the amount of $35 per hour per DX Unit for such overtime condenser water service, which shall be subject to increase based upon the percentage increase in Landlord’s costs described in the preceding sentence. Landlord shall connect the base building DX Units serving the demised premises to Landlord’s Building Management System. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's The cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess provided to Tenant and other tenants and occupants of those specified in Schedule E the Building and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess the cost of cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord services for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway Common Areas shall be subject to Landlord's prior approval included in Operating Expenses and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.Common Area

Appears in 1 contract

Sources: Office Lease (Arch Capital Group Ltd.)

SERVICES AND EQUIPMENT. 21.016.01 A. Except as otherwise expressly provided herein, from and after the applicable Commencement Date for any portion of the Initial Office Space, Landlord shall furnish or cause to be furnished the following services to the Demised Premises (collectively, “Landlord Services”) at least in accordance with the standards of a Comparable Buildings: (i) Subject to the terms and limitations contained herein, each of the passenger elevator cabs serving the Office Space shall be in service and subject to call twenty-four (24) hours per day seven (7) days per week and have been designed to operate substantially in accordance with the specifications set forth on Exhibit 6.01A(i) annexed hereto and made a part hereof (the “Elevator Specifications”); it being agreed that Tenant’s Roof Top Space shall be serviced solely by the Private Shuttle Elevator and Tenant shall be responsible for the repair maintenance and operation thereof in accordance with the provisions of Section 5.10 hereof. Except for purposes of maintenance, emergency repairs and any reason beyond Landlord’s reasonable control, Landlord shall not remove any passenger elevator(s) serving the Premises from service during Business Hours on Business Days. (ii) HVAC to the applicable portion of the Office Space during Business Hours on Business Days and on Saturdays from 9:00 A.M. to 1:00 P.M. (in each case, excluding Holidays) substantially in accordance with the specifications and design criteria set forth on Exhibit 6.01A(ii) annexed hereto and made a part hereof (the “Base HVAC Specifications”). Tenant shall keep entirely unobstructed all of the vents, intakes, outlets and grilles, at all times and shall comply with and observe all reasonable regulations and requirements prescribed by Landlord for the proper functioning of the Base HVAC System in accordance with the provisions of Article 26 hereof. Tenant acknowledges that some or all of the windows in the Demised Premises are or may be hermetically sealed and will not open. Landlord (a) represents that there are MERV 14 filters for the Base HVAC System serving the Premises and MERV 8 filtration on pre-filters and (b) agrees to replace such filters in a prudent fashion that is consistent with the standards of Comparable Buildings. (iii) from and after the Occupancy Date for applicable Office Space Portion, Building standard cleaning services to such Office Space Portion (to the extent not used for storage purposes) on Business Days in accordance with the cleaning specifications annexed hereto as Exhibit 6.01A(iii) and made a part hereof (the “Cleaning Specifications”). Notwithstanding the foregoing, Landlord shall not be required, as part of the Building standard cleaning services, to clean any Secure Area, the Ground Floor Space, Tenant’s Roof Top Space, the 51st Floor Space (if used for storage purposes), any portions of the Demised Premises used for preparation, serving or consumption of food or beverages, including the portions of the Demised Premises (if any) used for the Ancillary Food Service Use (other than a reasonable number of typical office pantries on each floor the Office Space); it being agreed that any cleaning of pantries shall be limited to a general wipe-down of countertops and sinks, mopping of floors and emptying of reasonable amounts of wet garbage, but in no event shall any cleaning of the pantries by Landlord include cleaning or washing of dishes, emptying or loading of dishes in to a dishwasher and/or cleaning, washing or defrosting (if applicable) of ▇▇▇▇▇ units, refrigerators or freezers, data processing or reproducing operations (other than the removal of ordinary office refuse therefrom), medical rooms, fitness centers, dining facilities, cafeterias, kitchens, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas; Tenant shall retain Landlord’s cleaning contractor to perform such cleaning at Tenant’s sole cost and expense, provided such costs are at commercially competitive rates charged to landlords of Comparable Buildings . Notwithstanding the foregoing, Tenant may use its own employees to provide minor cleaning services to pantries and conference rooms within the Office Space and Tenant’s Roof Top Space. Landlord’s cleaning contractor shall have access to the Office Space after 5:00 p.m. and before 7:00 a.m. Landlord’s cleaning contractor shall have the right to use, without charge therefor, all reasonable quantities of electric lighting, electric power and hot and cold water in the Office Space required to clean the Office Space and, to the extent required hereunder, on Tenant’s Roof Top Space, to clean and keep Tenant’s Roof Top Space, in orderly condition; it being agreed that any such cleaning of Tenant’s Roof Top Space shall:, subject to the provisions of this Section, be performed by Landlord’s cleaning contractor provided such costs are at commercially competitive rates charged to landlords of Comparable Buildings, at Tenant’s sole cost and expense, payable as Additional Rent within thirty (30) days of demand. Landlord and Tenant agree to develop mutually acceptable cleaning guidelines for Tenant’s Roof Top Space. (iv) Reasonable quantities of water to the Office Space for ordinary lavatory (including private toilets), drinking, pantry (other than dishwashers and ice making machines) and normal office cleaning purposes. Tenant shall be responsible for creating its own hot water wherever required; provided, however, that Landlord shall maintain (and repair and replace as necessary) hot water heaters for the core toilet rooms and janitor’s closets servicing the Office Space. If Tenant requires, uses or consumes water for any other purposes in any part of the Demised Premises or in Tenant’s Roof Top Space, Tenant agrees that Landlord may install a meter or meters to measure Tenant’s water consumption for such other purposes, and Tenant further agrees to reimburse Landlord for the reasonable out-of-pocket cost of the meter or meters and the installation thereof, and to pay for the reasonable out-of-pocket cost of maintenance of said meter equipment during the Term. Tenant shall reimburse Landlord for the actual cost incurred by Landlord for all water consumed for such other purposes as measured by said meter or meters or as otherwise measured, including sewer rents based on Landlord’s actual out-of-pocket cost therefor (without administrative markup or other premium) within thirty (30) days of Landlord’s demand therefor accompanied by reasonable evidence of the amount incurred. (v) Access control to the Building, utilizing personnel, equipment, systems and procedures, consistent with and comparable to other Comparable Buildings located with similar tenancies and operations including, without limitation, the posting of a concierge or lobby attendant twenty four (24) hours a day, seven (7) days a week and the screening of all employees, guests and visitors before being admitted access to the lobby elevator banks, including the procedures set forth on Exhibit 6.01A(v) annexed hereto and made a part hereof, but subject to the provisions thereof. (a) Provide necessary passenger elevator facilities Subject to terms and limitations contained herein, two (2) freight elevators for the Unit, on a “first-come, first-served” basis (without affording any other tenant more favorable availability than that which is afforded to Tenant) during Business Hours on Business Days from 8:00 A.M. and on a reservation, “first-come, first-served” basis (without affording any other tenant more favorable availability than that which is afforded to 6:00 P.M. Tenant) during non-Business Hours and shall have at least one elevator non-Business Days, subject to call the reasonable requirements of Landlord and other tenants and occupants of the Building and the Unit. Tenant shall be responsible for any damage to the freight elevators in connection with Tenant’s use thereof. Subject to the provisions of this Section 6.01A(vi)(a), at all other times. At Landlord's ’s option, the freight elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Subject to Section 6.01A(vi)(c) hereof, Tenant shall use passenger elevators solely reimburse Landlord for Landlord’s actual incremental out-of-pocket costs (including, to the transportation of its employees and invitees and not extent applicable, jurisdictional labor claims) incurred for freight handling, the delivery of packages requiring hand trucks or elevator service made available at times other similar items or the removal of refusethan during Business Hours. (b) Provide freight elevator service Access to the loading dock of the Building on a “first-come, first-served” basis (without affording any other tenant more favorable availability than that which is afforded to Tenant) during Business Hours on Business Days from 9:00 A.M. and on a reservation, “first-come, first-served” basis (without affording any other tenant more favorable availability than that which is afforded to 12:00 Noon Tenant) during non-Business Hours and 12:30 P.M. non-Business Days, subject to 5:00 P.M. All deliveries the reasonable requirements of Landlord and other tenants and occupants of the Building and the Unit. To the extent that, in connection with Tenant’s access to the loading dock, any Building personnel are required to be in the loading dock during any times other than Business Hours, Tenant shall, subject to Section 6.01A(vi)(c) hereof, pay as Additional Rent, any actual out-of-pocket costs reasonably incurred by Landlord in connection therewith. Landlord shall not charge any fee for making the loading dock available during non-Business Hours, however, Tenant shall be made at freight docks located responsible for providing and paying for the cost of any security with respect to Tenant’s use of any loading dock and Landlord shall not have liability to Tenant on the ground floor account thereof or at as result of any failure to provide such other locations as Landlord may from time to time designatesecurity. (c) Maintain and keep in good order and repair Tenant shall be entitled to reserve up to a total of one hour per 1,000 RSF of the Initial Office Space (i) the air conditioningas finally constituted), heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space aggregate, of freight elevator use and/or the Building’s loading dock (which use shall be in increments of at least four (4) hours) at times other than during Business Hours on Business Days unless contiguous to Business Hours on Business Days (in which event the reservations shall be for at least two (2) hours) without charge, in connection with Tenant’s Initial Work and initial move into the applicable Premises Portion. (iivii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible Electricity for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated as provided in Article 7 hereof. (viii) Emergency power through an emergency generator for the Unit (the “Unit Generator”) (A) sufficient to make operational all Base Systems serving the Unit which are required by Landlord 24 hours per dayapplicable Legal Requirements to be operational, 7 days per week. Tenant shall have including at least one (1) elevator in each of the right to tap into elevator banks serving the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; providedOffice Space, that the performance of such work shall be performed (B) sufficient for emergency lighting in accordance with Article 6 core corridors, stairways and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installingstairway exit signs, at its sole cost and expense, heating, ventilation and air conditioning equipment (C) in the Demised Premises (other than the existing 4th electric closet on each floor unit). Landlord has informed Tenant that the windows of the Demised Premises Office Space, of 1/4 watt per useable square foot sufficient for emergency lighting in the Office Space. (ix) Water pressure and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water reserve capacity to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning fire sprinkler system serving the Demised Premises. Subject Premises at the levels required pursuant to the provisions Building Code for the City of Article 4 hereof all such electric energy shall New York. (x) A fully capable addressable Class “E” fire alarm system to the Building, together with pull-stations, warden stations, and detectors in the lobbies and other core areas and strobes, together with supervised hardware control output points therefor and strobe control panels to the extent required for Tenant’s connections to the Class E system in addition to those installed for the Building use. Additional input and output points can be furnished to Tenant accommodated at Tenant's ’s sole cost and expense. (dxi) Provide an ambient noise level in the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In Office Space which does not exceed the event Landlord's cost of providing NC 42 Criteria at all points within the Office Space, unless such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant noise is a result of any such increase. Tenant shall employ Landlord to provide installation or the performance of any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1)Change. (exii) Furnish water for lavatory From and drinking and office cleaning purposes. If Tenant requiresafter the Execution Date, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for will cause the cost exterior windows of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated Unit to be consumed for lavatorycleaned consistent with Comparable Buildings but in no event less than two (2) times per calendar year after such date and, drinking and office subject to weather conditions permitting the same, Landlord will endeavor to perform such cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rentsa minimum of three (3) times per calendar year. (fxiii) Maintain Conduct the common areas Operation of the Complex in good order and repairProperty as a “first class” office building. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Datadog, Inc.)

SERVICES AND EQUIPMENT. 21.01. A. Except as otherwise expressly provided herein, from and after the Occupancy Date, Landlord shallshall furnish or cause to be furnished the following services to the Demised Premises (collectively, “Landlord Services”) at least in accordance with the standards of a Comparable Building in the Times Square area: (ai) Provide necessary Subject to the terms and limitations contained herein, each of the passenger elevator facilities cabs in the High-Rise Elevator Bank and serving the Office Space shall be in service and subject to call twenty-four (24) hours per day seven (7) days per week substantially in accordance with the specifications set forth on Exhibit 6.01A(i) annexed hereto and made a part hereof (the “Elevator Specifications”); it being agreed that Tenant’s Roof Top Space shall be serviced solely by the RTS Shuttle Elevator from and after the RTS Commencement Date in accordance with the specifications for the RTS Shuttle Elevator set forth in the RTS Final CDs. Notwithstanding the foregoing, prior to the Outside Post-Delivery Conditions Date, Landlord shall be entitled to provide Tenant with less than all of the passenger elevators in the High-Rise Elevator Bank (but in no event shall less than three (3) passengers elevators service the Office Space at any time) in connection with the use thereof by Tenant and other occupants and tenants in fitting out their premises in the Unit; provided that (A) the passenger elevators in the High-Rise Elevator Bank serving the Office Space meet the Elevator Specifications and (B) all such passenger elevators which do not serve the Office Space shall be locked off so that no other tenant has access to the Premises from such elevators. Except for purposes of maintenance, emergency repairs and any reason beyond Landlord’s reasonable control, Landlord shall not remove any passenger elevator(s) serving the Premises or the RTS Shuttle Elevator from service during Business Hours on Business Days. (ii) HVAC to the Office Space during Business Hours on Business Days and on Saturdays from 8:00 9:00 A.M. to 6:00 1:00 P.M. (excluding Holidays) substantially in accordance with the specifications and design criteria set forth on Exhibit 6.01A(ii) annexed hereto and made a part hereof (the “Base HVAC Specifications”). Tenant shall keep entirely unobstructed all of the vents, intakes, outlets and grilles, at all times and shall comply with and observe all reasonable regulations and requirements prescribed by Landlord for the proper functioning of the Base HVAC System in accordance with the provisions of Article 26 hereof. Tenant acknowledges that some or all of the windows in the Demised Premises are or may be hermetically sealed and will not open. (iii) Building standard cleaning services to the Office Space on Business Days in accordance with the cleaning specifications annexed hereto as Exhibit 6.01A(iii) and made a part hereof (the “Cleaning Specifications”). Notwithstanding the foregoing, Landlord shall not be required, as part of the Building standard cleaning services, to clean any Secure Area, the Storage Space, Tenant’s Roof Top Space, the 51st Floor Space, any portions of the Premises used for preparation, serving or consumption of food or beverages, including the portions of the Demised Premises (if any) used for the Ancillary Food Service Use (other than not more than two (2) pantries per floor; it being agreed that any cleaning of pantries shall be limited to a general wipe-down of countertops and sinks, mopping of floors and emptying of reasonable amounts of wet garbage, but in no event shall any cleaning of the pantries by Landlord include cleaning or washing of dishes, emptying or loading of dishes in to a dishwasher and/or cleaning, washing or defrosting (if applicable) of ▇▇▇▇▇ units, refrigerators or freezers), data processing or reproducing operations (other than the removal of ordinary office refuse therefrom), medical rooms, fitness centers, dining facilities, cafeterias, kitchens, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas; Tenant shall retain Landlord’s cleaning contractor to perform such cleaning at Tenant’s sole cost and expense, provided such costs are at commercially competitive rates charged to landlords of Comparable Buildings in the Times Square area. Notwithstanding the foregoing, Tenant may use its own employees to provide minor cleaning services to pantries and conference rooms within the Office Space and Tenant’s Roof Top Space. Landlord’s cleaning contractor shall have at least one elevator access to the Office Space after 5:00 p.m. and before 7:00 a.m. Landlord’s cleaning contractor shall have the right to use, without charge therefor, all reasonable quantities of electric lighting, electric power and hot and cold water in the Office Space required to clean the Office Space and, to the extent required hereunder, in Tenant’s Roof Top Space and, if leased by Tenant hereunder, the 51st Floor Space, to clean and keep Tenant’s Roof Top Space and, if leased by Tenant hereunder, the 51st Floor Space, in orderly condition; it being agreed that any such cleaning of Tenant’s Roof Top Space or the 51st Floor Space (if leased by Tenant hereunder) shall, subject to call the provisions of this Section, be performed by Landlord’s cleaning contractor provided such costs are at commercially competitive rates charged to landlords of Comparable Buildings in the Times Square area, at Tenant’s sole cost and expense, payable as Additional Rent within thirty (30) days of demand. Landlord and Tenant agree to develop mutually acceptable cleaning guidelines for Tenant’s Roof Top Space. (iv) Reasonable quantities of water to the Office Space for ordinary lavatory (including private toilets), drinking, pantry (other than dishwashers) and normal office cleaning purposes. Tenant shall be responsible for creating its own hot water wherever required; provided, however, that Landlord shall install and maintain hot water heaters for the core toilet rooms and janitors closets only substantially in accordance with the Base Building Criteria. If Tenant requires, uses or consumes water for any other purposes (including for any Ancillary Food Service Use) in any part of the Demised Premises (including Tenant’s Roof Top Space and, if leased by Tenant hereunder, the 51st Floor Space), Tenant agrees that Landlord may install a meter or meters to measure Tenant’s water consumption for such other purposes, and Tenant further agrees to reimburse Landlord for the reasonable out-of-pocket cost of the meter or meters and the installation thereof (unless the same are installed as part of the RTS Build-out Work, in which event such cost shall be included in the RTS Work Costs), and to pay for the reasonable out-of-pocket cost of maintenance of said meter equipment during the Term. Tenant shall reimburse Landlord for the actual cost incurred by Landlord for all water consumed for such other timespurposes as measured by said meter or meters or as otherwise measured, including sewer rents based on Landlord’s actual out-of-pocket cost therefor (without administrative markup or other premium) within thirty (30) days of Landlord’s demand therefor accompanied by reasonable evidence of the amount incurred. (v) Access control to the Building, utilizing personnel, equipment, systems and procedures, consistent with and comparable to other Comparable Buildings located within the Times Square area with similar tenancies and operations including, without limitation, the posting of a concierge or lobby attendant twenty four (24) hours a day, seven (7) days a week and the screening of all employees, guests and visitors before being admitted access to the lobby elevator banks, including the procedures set forth on Exhibit 6.01A(v) annexed hereto and made a part hereof, but subject to the provisions thereof. (vi) Subject to terms and limitations contained herein, two (2) freight elevators for the Unit, on a “first-come, first-served” basis (without affording any other tenant more favorable availability than that which is afforded to Tenant) during Business Hours on Business Days and on a reservation, “first-come, first-served” basis (without affording any other tenant more favorable availability than that which is afforded to Tenant) during non-Business Hours and non-Business Days, subject to the reasonable requirements of Landlord and other tenants and occupants of the Building and the Unit; provided, however, Tenant acknowledges that freight elevator or Temporary Freight Elevator service may not be available until the Outside Occupancy Date Delivery Conditions Date and Landlord shall not have liability to Tenant on account thereof. At Tenant shall be responsible for any damage to the freight elevators or Temporary Freight Elevators in connection with Tenant’s use thereof. Subject to the provisions of this Section 6.01A(vi), at Landlord's ’s option, the freight elevators and/or Temporary Freight Elevators (if applicable) shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely reimburse Landlord for Landlord’s actual incremental out-of-pocket costs (including, to the transportation of its employees and invitees and not extent applicable, jurisdictional labor claims) incurred for freight handlingelevator service made available at times other than during Business Hours; provided, however, with respect to Tenant’s initial move-in to the Initial Office Space and construction of Tenant’s Initial Work, (a) if the Base Building Work necessary to make available such freight elevator service has not then been completed or if the freight elevators are then being used by the Base Building Contractor to perform the Base Building Work, then, subject to Section 2.02C(x) hereof, the delivery reasonable equivalency of packages requiring hand trucks or other similar items or two (2) freight elevators shall be provided to tenants and occupants of the removal Unit by converting certain of refuse.the passenger elevator cabs servicing the Demised Premises to freight elevator use (the “Temporary Freight Elevators”) and in the manner hereinafter provided until the Base Building Work has been Substantially Completed and the freight elevator servicing the Unit is available for use by tenants and occupants of the Unit; (b) Provide up to one hundred (100) hours, in the aggregate, of such freight elevator service on and/or Temporary Freight Elevator usage outside of Business Days from 9:00 A.M. Hours with respect to 12:00 Noon Tenant’s initial move-in to the Initial Office Space and 12:30 P.M. to 5:00 P.M. All deliveries construction of Tenant’s Initial Work shall be provided to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time no charge to time designate.Tenant; (c) Maintain Tenant shall cooperate and keep coordinate with Landlord in good order scheduling Tenant’s use of the Temporary Freight Elevators and repair freight elevators (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of without affording any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or tenant more favorable availability than that which is afforded to Tenant), but the final decision as to which of the freight elevators and/or Temporary Freight Elevators may be used as provided herein at any particular time shall be in Landlord’s sole but good faith discretion; and (d) in connection with any Temporary Freight Elevator service, Landlord shall (1) as part of the Occupancy Date Delivery Conditions set forth in Section 2.02(C)(xi), construct (or shall cause to be constructed) a walkway and bifurcate the appropriate elevator lobby to create separate areas for the use of Contractors, (2) as part of the Post-Delivery Conditions set forth in Section 2.02D(ii) hereof, restore such facilities and remove such walkway and (3) install a protective covering so as to minimize any damage to the Temporary Freight Elevators. (vii) Prior to the Occupancy Date and prior to the freight elevators and/or Temporary Freight Elevators being available for use by tenants of the Building, Landlord shall permit Tenant to use the Hoist for its move-in to the Initial Space and construction of Tenant’s Initial Work, subject to the provisions, limitations and restrictions comparable to those contained in Exhibit 2.02A(vi) and Section 2.01 hereof and Section 13.12F hereof with respect to Tenant’s use of the Hoist during Tenant’s Initial Work (including, without limitation, systems the necessity of scheduling deliveries). (viii) Electricity for the Office Space and the Storage Space as provided in Article 7 hereof and, from and after the RTS Commencement Date electricity for Tenant’s Roof Top Space and, if leased hereunder, the 51st Floor Space as provided in Article 7 hereof. (ix) Access to the loading dock of the Building on a “first-come, first-served” basis (without affording any other tenant more favorable availability than that which is afforded to Tenant) during Business Hours on Business Days and on a reservation, “first-come, first-served” basis (without affording any other tenant more favorable availability than that which is afforded to Tenant) during non-Business Hours and non-Business Days, subject to the reasonable requirements of Landlord and other tenants and occupants of the Building and the Unit. To the extent that, in connection with Tenant’s access to the loading dock, any Building personnel are installed required to service be in the loading dock during any times other than Business Hours, Tenant shall pay as Additional Rent, any actual out-of-pocket costs reasonably incurred by Landlord in connection therewith except that the cost of the first one hundred (100) hours, in the aggregate, for any such personnel shall be without charge to Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to not charge any fee for making the Demised Premises from locations designated by Landlord 24 hours per dayloading dock available during non-Business Hours, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; providedhowever, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installingproviding and paying for the cost of any security with respect to Tenant’s use of any loading dock and Landlord shall not have liability to Tenant on account thereof or as result of any failure to provide such security. (x) Emergency power through an emergency generator for the Unit (the “Unit Generator”) (A) sufficient to make operational all Base Systems serving the Unit which are required by applicable Legal Requirements to be operational, including at its sole cost and expense, heating, ventilation and air conditioning equipment least one (1) elevator in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows each of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to elevator banks serving the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility (B) sufficient for emergency lighting in core corridors, stairways and hazard of Tenantstairway exit signs, and Landlord shall have no responsibility or liability therefor. Such condition of (C) in the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition electric closet on each floor of the Demised Premises. Nothing contained herein shall be deemed , of 1/4 watt per useable square foot sufficient for emergency lighting in the Premises. (xi) Water pressure and reserve capacity to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning fire sprinkler system serving the Demised Premises. Subject Premises at the levels required pursuant to the provisions Building Code for the City of Article 4 hereof all such electric energy shall New York. (xii) A fully capable addressable Class “E” fire alarm system to the Building, together with pull-stations, warden stations, and detectors in the lobbies and other core areas and strobes as shown in the Base Building Criteria, together with supervised hardware control output points as specified in the Base Building Criteria and strobe control panels to the extent required for Tenant’s connections to the Class E system in addition to those installed for the Building use. Additional input and output points can be furnished to Tenant accommodated at Tenant's ’s sole cost and expense. (dxiii) Provide the cleaning From and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share Substantial Completion of the monthly increase of Landlord's cost of providing such services to Base Building Work, an ambient noise level in the Existing Buildings. Landlord shall promptly notify Tenant Office Space which does not exceed NC-35 Criteria at all points within the Office Space except within 10’ 0” of any mechanical equipment room for the Unit where it will not exceed NC 40, unless such increase. noise is a result of any Tenant shall employ Landlord to provide installation or the performance of any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1)Change. (exiv) Furnish water for lavatory From and drinking and office cleaning purposes. If Tenant requiresafter the Outside Post-Delivery Conditions Date, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for will cause the cost exterior windows of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated Unit to be consumed for lavatorycleaned consistent with Comparable Buildings in the Times Square area but in no event less than two (2) times per calendar year after such date and, drinking and office subject to weather conditions permitting the same, Landlord will endeavor to perform such cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rentsa minimum of three (3) times per calendar year. (fxv) Maintain Conduct the common areas Operation of the Complex Property as a “first class” office building in good order and repairthe Times Square area. (gi) Permit If Tenant has elected to lease the 51st Floor Space as provided herein, Tenant may elect to include the ability to have cooking facilities (as opposed to just warming facilities) in the 51st Floor Space in the RTS Proposed Scope of Work. If the RTS Accepted Schematics and RTS Final CDs include such cooking facilities, then Landlord shall cause the RTS Contractor to install, for the exclusive use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised PremisesRTS Users, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees a Flue in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.RTS Kitchen

Appears in 1 contract

Sources: Lease Agreement (Legg Mason Inc)

SERVICES AND EQUIPMENT. Section 21.01. Landlord shall, at its cost and expense: (a) Provide necessary operatorless passenger elevator facilities service to the Demised Premises, as existing, on Business Days Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and shall have at least one P.M., holidays excepted. A passenger elevator subject to call will be available at all other timestimes to serve the Demised Premises. At A freight elevator shall be available Mondays through Fridays, only from 8:00 A.M. to 5:00 P.M., excepting Saturdays, Sundays and holidays, The freight elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis other than on said days and hours at Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refusecustomary charges therefor. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order repair the Building standard heating, ventilating and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to conditioning system servicing the Demised Premises from locations designated (the "HVAC System") installed by Landlord 24 hours per dayLandlord, 7 days per week. except for those repairs which are the obligation of Tenant shall have the right pursuant to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall The HVAC System will be responsible operated by Landlord as and when required by law, or for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the comfortable occupancy of the Demised Premises (other at no fewer days than on Mondays through Fridays, from 8:00 A.M. to 8:00 P.M.; excepting Saturdays, Sundays and holidays Tenant shall draw and close the existing 4th floor unit). Landlord has informed Tenant that draperies or blinds for the windows of the Demised Premises whenever the HVAC system is in operation and the Building are sealedposition of the sun so requires and shall, at all times, cooperate fully with Landlord and that abide by all of the reasonable Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC System. Landlord agrees to operate the HVAC System servicing the Demised Premises may become uninhabitable and the air therein may become unbreathable without in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced service in accordance therewith. Said system is designed to be capable of maintaining, within tolerances normal in first-class office buildings, inside space conditions for any open floor averaging 78 degrees Fahrenheit dry bulb and fifty (50%) percent relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than for any one floor an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or during lower. The foregoing design conditions shall be based on an occupancy of not more than one (1) person per one hundred (100) square feet, and upon a combined lighting and standard electrical load not to exceed three (3) watts per usable square foot (excluding the hours Building HVAC). T▇▇▇▇▇ expressly acknowledges that some or days when all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Demised Premises at any time the HVAC System is not able to furnish condenser water to in operation. Tenant hereby expressly waives any claims against Landlord arising out of the suitability of the Demised PremisesPremises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Any use or Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises without by more than an average of one (1) person for each one hundred (100) square feet in any separate room or area or if Tenant shall install and operate machines, incandescent lighting and appliances with a total connected electrical load in excess of five (5) watts per rentable square foot. If Tenant shall occupy the De▇▇▇▇▇ Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if the total connected electrical load is in excess of five (5) watts per rentable square feet, or if Tenant's partitions sha▇▇ ▇▇ arranged in such equipment a way as to interfere with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or during such hours the ducts through which it operates required by reason thereof. Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access to the mechanical installations of Landlord, of which Landlord shall give notice to Tenant. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised Premises. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be at the sole riskperformed Saturdays, responsibility Sundays and hazard of Tenantholidays, and Landlord shall have no responsibility or liability thereforall in accordance with Schedule D attached hereto. Such condition If, however, any additional cleaning of the Demised Premises shall not constitute nor be deemed is to be done by Tenant, it shall be done at Tenant's sole expense, in a breach manner reasonably satisfactory to Landlord and no one other than Tenant's employees and persons approved by Landlord shall be permitted to enter the Demised Premises or a violation of this Lease the Building for such purpose. Tenant, at its own cost, may utilize its own employees or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled outside contractors to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of perform additional cleaning services in the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at , provided such employees or outside contractors do not cause any labor disruption, dispute or disturbance in or around the Building or violate Landlord's expense union contracts affecting the Building. If Tenant shall require additional cleaning services, Tenant may award a contract for such electric energy as services to any contractor that is required approved by Landlord; provided however, that prior to operate making such award, Tenant shall inform Landlord of the air conditioning system serving terms upon which such contractor shall provide such additional cleaning services and, in the Demised Premisesevent that Landlord's designated contractor can provide such additional cleaning services on equal or better terms, Tenant shall award such contract to Landlord's designated contractor. Subject to Tenant shall pay for the provisions cost of Article 4 hereof all the services performed by such electric energy shall be furnished to Tenant at Tenant's cost and expensedesignated contractor within ten (10) days after being billed. (d) Provide the Furnish hot and cold water for lavatory, cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to shall reimburse Landlord for the cost of the meter or meters and the installation thereof, and to shall pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse pay to Landlord for the within twenty (20) days after demand Landlord's actual cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (fe) Maintain the common areas If Tenant shall require and request any of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; foregoing services at times other than above provided, that all work required for Tenant to use and if such shaftway shall be subject to Landlord's request is made at least twelve (12) hours prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of time when such additional services are required, Landlord will provide them and Tenant shall pay to Landlord promptly in advance the charges therefor at the then Building standard rate charged to other tenants in Plaza III and Tenant the Building. Section 21.02. Holidays shall be solely responsible for negotiating for such right of access)deemed to mean all federal holidays, state holidays and Building Service Employees Union Contract holidays. 21.02Section 21.03. Landlord reserves the right without any liability whatsoeverto interrupt, curtail or abatement of Basic Annual Rent or additional rent, suspend the services required to stop the heating, air conditioning, elevator, plumbing, electric and other systems be furnished by Landlord under this Lease when necessary by reason of accident accident, emergency, mechanical breakdown or emergency when required by any law, order or regulation of any Federal, State, County or Municipal authority, or for repairs, alterations, replacements any other cause beyond the control of Landlord. Landlord shall use due diligence to complete all required repairs or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the other necessary work necessary to resume such service as promptly quickly as possible and in a manner so as to minimize interference with that Tenant's use and enjoyment inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. Subject to the Demised Premisesprovisions of Section 21.06, but Landlord Tenant shall not be obligated entitled to employ overtime nor shall Tenant make claim for any diminution or premium labor thereforabatement of minimum rent or additional rent or other compensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment, suspension, work or inconvenience. 21.03Section 21.04. It is expressly agreed that only Tenant shall reimburse Landlord or any one or more persons, firms or corporations authorized in writing by promptly for the actual out-of-pocket cost to Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and removal from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into and the Building for resale to or for consumption of any refuse and rubbish of Tenant not covered by any other tenantthe Cleaning Specifications and Tenant shall pay all bills therefor within twenty (20) days after the same are rendered. 21.04Section 21.05. If Tenant shall request Landlord will not be required to furnish any other services, except as otherwise services in addition to those hereinabove provided in or perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly in advance the charges therefor, which charges are deemed to be additional rent and payable as such.

Appears in 1 contract

Sources: Lease (Escala Group Inc)

SERVICES AND EQUIPMENT. 21.01Section 28.1. Landlord shall:, at Landlord’s expense (except as otherwise noted below): (aA) Provide necessary non-exclusive passenger elevator facilities service to the Premises from and after the Commencement Date on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator during Operating Hours and, subject to Section 28.3, have one (1) passenger elevator on call at all other times. At Landlord's optionTenant agrees that Landlord may, at its election, reconfigure elevator banks in the Building, if any, and install elevators shall be operated by automatic control with or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for without operators and change the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may same from time to time designateprovided that the orientation of the Premises, on each floor, to the elevator lobby remains unchanged. (cB) Maintain Provide non-exclusive access to the Building’s freight elevator(s) serving the Premises during the Term on call on a “first come, first served” basis on Business Days during Operating Hours without additional charge to Tenant; and keep in good order on a reservation, “first come, first served” basis from 6:00 p.m. to 8:00 a.m. on Business Days and repair at any time on days other than Business Days (i) the air conditioningsuch periods, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenanthereinafter “Overtime Periods”), includingwith a minimum block of four (4) consecutive hours to be reserved during such Overtime Periods at Building-standard rate (which Landlord represents is currently $152.00 per elevator per hour), without limitation, systems that are installed which amounts shall be payable to service Tenant's data processing, computer or telephone operationsLandlord as Additional Rent. Landlord shall provide reasonable amounts grant Tenant a credit in the aggregate amount of condenser water up to $45,600 against and in reduction of the Demised first installment of Fixed Rent due hereunder after the Rent Commencement Date, toward Tenant’s use of up to 300 hours of the freight elevator during Tenant’s performance of the Initial Alterations and move into the Premises from locations designated by Landlord 24 hours per dayduring Overtime Periods, 7 days per week. provided that Tenant shall have the right not be entitled to tap into the any unused portion of such credit. The price for after-hours freight elevator use is subject to future Building's condenser water riser via the tap currently located on the -wide increases, charged consistently within Landlord’s entire ▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇Square portfolio. (C) Provide non-exclusive access to the Building’s loading docks on a “first come, first served” basis on Business Days during Operating Hours without additional charge; providedand on a reservation, that the performance of such work “first come, first served” basis during Overtime Periods at Landlord’s standard rates, which amounts shall be performed payable to Landlord as Additional Rent, provided that, if Tenant is using the freight elevator during Overtime Periods, Landlord’s charge for the freight elevator shall also include the use of the loading dock. (D) Furnish sufficient steam heating service to heat the Premises from approximately October 1 through April 30 through pipe cast iron perimeter radiators on the seventh and eighth floors and baseboard perimeter radiators on the ninth floor. The Building’s heating system will be so operated by Landlord on Business Days during Operating Hours when exterior temperatures are below 55°F, and, upon the request of Tenant pursuant to Section 28.2, during Overtime Periods at Landlord’s customary charge therefor, provided that, if the exterior temperatures are 35°F. or below, heat timer controls shall automatically cause the Building heating system to produce heat to protect against the freezing of pipes. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the Building’s heating system, or the suitability of the Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 28.3. Subject to the requirements for granting such access pursuant to Article 16, Landlord, throughout the Term, shall have access to all mechanical installations of Landlord, including but not limited to machine rooms and electrical closets, and Tenant shall not construct or place partitions, furniture or other obstructions that may interfere with Landlord’s access thereto or the proper functioning of the Building Systems, or interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect such mechanical installations. (E) (i) Air-conditioning shall be provided to the Premises by the AC Unit. Any supplemental air-conditioning units, air handlers or system installed by or on behalf of Tenant in accordance with Article 6 the terms and all other applicable provisions conditions of this Lease. Tenant acknowledges that Tenant Lease (each, a “Supplemental AC System”) shall be responsible sized for installingmaximum efficiency and shall have an air-cooled energy efficiency rating of not less than 11. Tenant, at its sole cost and expense, heating, ventilation shall procure and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water maintain any permits required by Government Authorities with respect to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole riskAC Unit and any Supplemental AC System, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to operate the same in compliance therewith and in compliance with all reasonable Rules and Regulations which Landlord a list setting forth in reasonable detail may prescribe. In furtherance of the foregoing, all such excess cleaning AC Units and janitorial services. Landlord, its cleaning contractor and their employees shall have access Supplemental AC Systems must be equipped with automatic shutdown devices connected to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1)Building’s fire alarm system. (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Medidata Solutions, Inc.)

SERVICES AND EQUIPMENT. Section 21.01. Landlord shall, at its cost and expense: (a) Provide necessary operatorless passenger elevator facilities on Business Days service Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and shall have at least one P.M., holidays excepted. A passenger elevator subject to call will be available at all other times. At A freight elevator shall be available Mondays through Fridays, holidays excepted, only from 8:00 to 6:00 P.M. The freight elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis other than on said days and hours at Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refusecustomary charges therefor. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order repair the Building standard heating, ventilating and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to conditioning system servicing the Demised Premises from locations designated (the "HVAC System") installed by Landlord 24 hours per dayLandlord, 7 days per week. except for those repairs which are the obligation of Tenant shall have the right pursuant to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall The HVAC System will be responsible operated by Landlord as and when required by law, or for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the comfortable occupancy of the Demised Premises (other than as determined by Landlord) during the existing 4th floor unit). Landlord has informed applicable seasons on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant that shall draw and close the draperies or blinds for the windows of the Demised Premises whenever the HVAC system is in operation and the Building are sealedposition of the sun so requires and shall, at all times, cooperate fully with Landlord and that abide by all of the Demised Premises Rules and Regulations which Landlord may become uninhabitable and prescribe for the air therein may become unbreathable without such equipment or during proper functioning of the hours or days when Landlord is not able to furnish condenser water to HVAC System. The on-floor portion of the HVAC System will be controlled by Landlord, except for the thermostatic controls within the Demised Premises. Any use or occupancy of Landlord agrees to operate the HVAC System servicing the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of this Lease; providedpublic authorities, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of shall provide for any reduction in operations below said design criteria in which case such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant equipment shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner operated so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized provide reduced service in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.accordance

Appears in 1 contract

Sources: Lease (Global Technologies LTD)

SERVICES AND EQUIPMENT. 21.01. Section 28.1 Landlord shall:shall (subject to Tenant’s reimbursement obligation pursuant to Article 4): (aA) Provide necessary passenger elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 seven days per week, 365 days per year. Tenant shall have agrees that Landlord may, at its election, install elevators with or without operators and may change the right same from time to tap into time. (B) Provide one (1) freight elevator serving the Building's condenser water riser via Premises on call on a “first come, first served” basis 24 hours per day, seven days per week, 365 days per year. (C) Maintain and repair the tap currently located on HVAC System installed by Landlord, except for those repairs which are the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance obligation of such work shall be performed in accordance with Tenant pursuant to Article 6 and all other applicable provisions 7 of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof Section 28.1(F) below, the HVAC System will be operated by Landlord as and for the comfortable occupancy of the Premises (which shall mean in a temperature range of approximately 68º - 74º) during the applicable seasons during Operating Hours; provided that Tenant shall draw and close the draperies or blinds for the windows of the Premises whenever the ventilation or air-conditioning system is in operation and the position of the sun so requires and shall, at all such electric energy times, cooperate fully with Landlord and abide by all of the Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC System. Tenant shall pay Landlord for heat, ventilating and air-conditioning as Additional Rent, within ten days after Landlord bills Tenant therefor, which bills shall be furnished rendered not more often than monthly. The amount of such Additional Rent for a given period of time shall be equal to the total cost to Landlord of delivering steam and chilled water for the Premises, which cost shall be determined based upon Landlord’s established mathematical model as described in Schedule G hereto. The performance by Landlord of its obligations under this Section 28.1(C) subject to Tenant’s compliance with the conditions of occupancy and connected load established by Landlord. Use of the Premises, or any part thereof, in a manner exceeding the heating, ventilating and/or air-conditioning design conditions (including occupancy and connected electrical load), or rearrangement of partitioning which interferes with normal operation of the heating, ventilating and/or air-conditioning in the Premises, or the use of computer or data processing machines or other machines or equipment, may require changes in the heating, ventilating and/or air- conditioning systems servicing the Premises, in order to provide comfortable occupancy. Such changes, so occasioned, shall be made by Tenant, at its expense, as Alterations in accordance with the provisions of Article 6, but only to the extent permitted and upon the conditions set forth in that Article. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 28.2. Landlord, throughout the Term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical Back to Contents closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access thereto, or interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant nor Persons Within Tenant's cost and expense’s Control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations. Landlord’s obligations under this Section 28.1(C) are subject to applicable Requirements that may limit the hours or the extent to which Landlord is permitted to supply HVAC. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (eD) Furnish hot and cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes (including for laboratory purposes), Tenant agrees that Landlord may Tenant shall, if requested by Landlord, install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's ’s cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess (including costs of that estimated to be consumed for lavatory, drinking and office cleaning purposes, generating hot water) as measured by said meter or meters or as otherwise measured, including sewer rents, as Additional Rent within ten (10) days after bills are rendered. (fE) Maintain Provided Tenant shall keep the common areas Premises in order, Landlord shall cause the Premises, including the exterior and the interior of the Complex windows thereof but excluding any laboratory space, to be cleaned in good order a manner standard to the Building and repairin accordance with the cleaning specifications annexed to this Lease as Schedule D. Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord for (a) extra cleaning work in the Premises required because of (i) misuse or neglect on the part of Tenant or its subtenants or its or their employees or visitors, (ii) the use of portions of the Premises for special purposes requiring greater or more difficult cleaning work than office areas, (iii) interior glass partitions or unusual quantity of interior glass surfaces, and (iv) special materials or finishes on items installed by Tenant or its subtenants or its or their employees or visitors or at its or their request; (b) removal from the Premises and the Building of any refuse or rubbish of Tenant in excess of that ordinarily accumulated in business office occupancy or at times other than Landlord’s standard cleaning times; and (c) any additional operating expenses attributable to the use and occupancy of the Premises by Tenant or its subtenants or its or their employees or visitors other than during Business Hours on Business Days. If, however, any additional cleaning of the Premises is to be done by Tenant, it shall be done at Tenant’s sole expense, in a manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant, at Tenant’s expense, shall cause the Premises to be exterminated on a monthly basis to the satisfaction of Landlord and additionally shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Premises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord. If so requested by Landlord, Tenant, at Tenant’s expense, shall store any refuse generated by the consumption of food or beverages on the Premises in a cold box or similar facility. Landlord, its cleaning contractor and their employees shall have access to the Premises after 5:30 p.m. and before 9:00 a.m. and shall have the right to use, without charge therefor, all light, power and Back to Contents water in the Premises reasonably required to clean the Premises as required under Section 28.1. Tenant shall comply, at Tenant’s expense, with all Requirements regarding recycling of trash including, but not limited to, separating from the general trash such items as may be required, i.e., paper, plastic, glass and aluminum cans. (gF) Permit Tenant acknowledges and agrees that the air-handler unit (the “Air Handler”) that provides heating, ventilation and air conditioning service (the “HVAC Service”) to the Space C Premises is operated and maintained by Emisphere and that Emisphere shall continue to provide HVAC Service to the Space C Premises during the term of Emisphere’s Lease and that Landlord shall have no obligation to provide HVAC Service to the Space C Premise unless and until Emisphere’s lease expires or earlier terminates. Landlord agrees to use sufficient shaft space in Plaza III reasonable effort to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for enforce Emisphere’s obligation to provide the HVAC Service to the Space C Premises but shall have no liability if Emisphere breaches its obligation to do so. Tenant to use such shaftway shall be subject pay to Landlord's prior approval and shall be performed at , as Additional Rent, Tenant's expense in accordance with this Article 6 and ’s pro rata share of the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning cost to Emisphere to provide the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access HVAC Service to the premises Space C Premises based on the measurement of the airflow to the Space C Premises, as reasonably determined by Landlord. Tenant shall pay for the HVAC Service to the Space C Premises within 15 days after being billed therefor, but not more often than monthly. Notwithstanding anything to the contrary contained herein, in the event that Emisphere fails for any reason other tenants than due to “force majeure” (as defined below) to provide the HVAC Service to the Space C Premises and as a result the Space C Premises are rendered untenantable, in Plaza III addition to all of Tenant’s other rights and remedies at law or in equity, Tenant shall be solely responsible entitled to offset against the Furniture Payment an amount equal to the Fixed Rent for negotiating the Space C Premises for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude period from the Building any messenger service. It date the Space C Premises becomes untenantable through the date when the required HVAC Service is understoodrestored, provided, however, that Tenant the foregoing offset right shall not apply from and after the date that Emisphere’s lease expires or regular office employees or guests of Tenant who are not employed by any supplier of earlier terminates and Landlord assumes responsibility for such food or beverages or by any personHVAC Service. As used herein, firm or corporation engaged the term “force majeure” shall mean events beyond Emisphere’s reasonable control in accordance with the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants description set forth in Section 41.04 of the Buildinglease to Emisphere. No food or beverage may be brought into The foregoing abatement right shall not apply to any Fixed Rent payable to Landlord for the Building for resale Premises and shall only apply to or for consumption by any other tenantthe Furniture Payment portion of the Fixed Rent. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Progenics Pharmaceuticals Inc)

SERVICES AND EQUIPMENT. 21.01. 21.1 Landlord shall:, at its cost and expense (but subject to reimbursement by Tenant pursuant to Article 4 hereof): (a) Provide provide necessary passenger elevator facilities on during Business Days from 8:00 A.M. to 6:00 P.M. Hours (as such term is defined in Article 22 hereof) and shall have at least one passenger elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Landlord shall provide freight elevator service to Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse.upon reasonable notice from Tenant; (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and maintain, keep in good order repair and repair (i) provide the air services of the Building system air-conditioning, heating and ventilating unit existing on system ("HVAC System") ----------- installed by Landlord in accordance with the date design criteria annexed hereto as Exhibit E. The aforesaid systems will function when seasonably required during --------- Business Hours. The cooling season for the purposes of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions May 15 through September 15 of this Leaseeach calendar year. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition for the ventilating conditions and/or temperature of the Demised Premises demised premises during the hours or days Landlord is not required to furnish heat, ventilation or air-conditioning pursuant to this subsection. In any event, Tenant shall keep entirely unobstructed all the vents, intakes, outlets and grilles, at all times and shall comply with and observe all regulations and requirements prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning systems including without limitation, the lowering and closing of Venetian blinds in the demised premises during daylight hours. In the event that Tenant shall require air-conditioning, heating or ventilation at such times as same are not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereoffurnished by Landlord, nor Tenant shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason give Landlord at least 24-hours advance notice of such condition of requirement, and Tenant agrees to pay the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy prevailing rate therefor as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expenseadditional rent. (dc) Provide the provide cleaning and janitorial services described on Schedule E Business Days in accordance with the specifications annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereofas Exhibit F; provided, --------- however, Tenant agrees to shall pay to Landlord as additional rent upon ten (10) days notice the costs incurred by Landlord for (a) extra cleaning work in the demised premises required because of (i) misuse or neglect on the first day part of each and every month after such increase an amount equal to Tenant's Expense Share Tenant or its employees or visitors, (ii) use of portions of the monthly increase demised premises for preparation, serving or consumption of Landlord's cost food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of providing such services to interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request, and (b) removal from the Existing Buildings. Landlord shall promptly notify Tenant demised premises and the Building of so much of any such increase. refuse and rubbish of Tenant as shall employ Landlord to provide any cleaning and janitorial services exceed that ordinarily accumulated daily in excess the routine of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial servicesbusiness office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises demised premises and the use (at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all Tenant's expense) of light, power and water in the Demised Premises demised premises as reasonably required to clean for the Demised Premises as required under this Section 21.01. Tenant shall comply purpose of cleaning the demised premises in accordance with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1).Landlord's obligations hereunder; and (ed) Furnish furnish hot and cold water for lavatory and drinking and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposesconsumed, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. 21.2 Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air air- conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, advance of any such stoppage and, if ascertainable, and its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with the Tenant's use and enjoyment of the Demised Premises, demised premises but nothing herein shall be deemed to require Landlord shall not be obligated to employ perform the same on an overtime or premium labor thereforpay basis unless requested to do so by, and at the expense of, Tenant. 21.03. 21.3 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages, cable television beverages and other similar supplies and services to tenants and licensees in the BuildingBuilding provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Landlord may fix, in its reasonable judgmentown absolute discretion, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. ; and Landlord furthermore expressly reserves the right to exclude from the Building any messenger serviceperson, firm or corporation attempting to furnish any of said supplies or services but not so designated by Landlord. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises demised premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do but not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. Landlord may fix in its absolute discretion, at any time and from time to time, the hours during which, and the regulations under which, foods and beverages may be brought into the Building by regular employees of Tenant. 21.0421.4 Tenant agrees to employ such third-party office maintenance contractor as Landlord may from time to time reasonably designate, for all waxing, polishing, lamp replacement, cleaning (other than those cleaning services Landlord is obligated to furnish) and the maintenance work in the demised premises, provided that the quality thereof and the charges therefor are reasonably comparable to that of other contractors. Tenant shall not employ any other contractor without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. 21.5 Landlord will maintain a listing on the Building directory for Tenant. Landlord will provide a plaque in the mail room for any additional names Tenant wishes. Tenant may place a sign, approved by Landlord, on the entrance doors to the demised premises with Tenant's name. Other than Tenant's name, Tenant shall place no other names, plaques, signs or the like on the entrance doors to the demised premises and shall place no names, plaques, signs or the like elsewhere on the exterior of the demised premises. The listing of any name other than that of the Tenant, whether on the doors of the demised premises, on the Building directory, or otherwise, shall not operate to vest any right or interest in this Lease or in the demised premises or to be deemed to be the written consent of Landlord mentioned in Article 11 hereof, it being expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.6 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Interliant Inc)

SERVICES AND EQUIPMENT. 21.01. 6.1 So long as this Lease shall be in full force and effect, Landlord shall, at its cost and expense commencing upon the date that Tenant commences the conduct of its business in the Office Space (other than those services required for the performance of Tenant’s Work, which shall commence upon the Commencement Date) furnish the following services to the Office Space: A. Provide passenger elevator service to and from the Building lobby and the second (2nd) and third (3rd) floors of the Office Space during business hours, it being agreed that Landlord at its expense shall program the passenger elevators in the Low Rise Bank so that the foregoing elevator service shall be provided to the extent feasible in the following manner: (i) from the second (2nd) and/or third (3rd) floors of the Building, the elevator cab may be directed to travel solely to the Building lobby and the second (2nd) and/or third (3rd) floors of the Building and (ii) from the Building lobby, if an elevator car is directed to the second (2nd) and/or third (3rd) floors of the Building, such elevator cab shall travel solely to the second (2nd) and/or third (3rd) floors of the Building. At all times other than during business hours, not fewer than one (1) passenger elevator car shall be on call to the Office Space to provide the foregoing passenger elevator service. Upon the written request of Tenant at any time (or upon the written request of Landlord if Landlord in its reasonable discretion determines after a reasonable period that the foregoing passenger elevator service to the Office Space adversely affects beyond a de minimis extent the furnishing by Landlord of passenger elevator service to the balance of the floors served by the Low Rise Bank), (a) Provide necessary Landlord shall provide non-exclusive passenger elevator facilities on Business Days from 8:00 A.M. service to 6:00 P.M. the Office Space during business hours and shall have at least one elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight at all times other than during business hours, not fewer than one (1) passenger elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on call to the ground floor or at such other locations as Landlord may from time to time designateOffice Space. (c) B. Maintain and keep in good order and repair (i) the air conditioningcentral heating, heating ventilating and air-conditioning system serving the Office Space installed by Landlord and provide heating, ventilating unit existing and air-conditioning through such system to the Office Space in accordance with the specifications set forth on Exhibit D attached hereto. The aforesaid system shall be operated by Landlord during business hours. Landlord shall not be liable to Tenant if the aforesaid system fails to comply with the foregoing specifications if such failure is the result of any act or negligence by Tenant or to the extent that such failure is the result of Landlord’s compliance with any Legal Requirement enacted after the date of this Lease Lease. C. Provide Building Standard cleaning services solely to the Office Space and public portions of the Building on business days. The cleaning specifications are annexed hereto and made a part hereof as Exhibit B. Notwithstanding the foregoing, (i) Landlord shall not be obligated to perform any cleaning with respect to any pantry located in the Fourth Floor Office Space and other than the dust mopping of all composition tile flooring in any pantry nightly on business days, (ii) Landlord shall clean any additional toilet room(s) installed by Tenant in the Office Space at Tenant’s expense equal to Landlord’s then commercially reasonable charge therefor and (iii) Landlord shall remove all wet garbage (i.e. all garbage other base building structural systems than paper products) generated in the Office Space at Tenant’s expense pursuant to the terms of Section 6.4 hereof. Tenant agrees that all wet garbage generated in the Office Space shall be disposed of solely in a limited number of designated receptacles kept in any pantry located in the Office Space. Tenant shall have such pantry(ies) periodically exterminated in accordance with Section 7.01; it being understood that in no event the applicable terms hereof. Subject to the terms of Articles 40 and 42 hereof, Tenant at its expense shall Landlord be responsible for all other cleaning with respect to the maintenance or repair Premises not performed by Landlord, which cleaning shall be performed to the reasonable satisfaction of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser Landlord. D. Furnish water to the Demised Premises from locations designated Office Space for ordinary pantry (including no more than one (1) non-commercial Energy Star dishwasher on each floor of the Office Space), lavatory (including any additional toilet rooms installed by Landlord 24 Tenant in the Office Space), drinking and office cleaning purposes, twenty-four (24) hours per day, 7 seven (7) days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installingcreating its own hot water wherever required, at its sole cost and expenseprovided, heatinghowever, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of maintain hot water heaters for the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost core toilet rooms and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposesjanitors closets only. If Tenant requires, uses or consumes water for any other purposespurposes (including for any other dishwasher), Tenant agrees that Landlord Landlord, at Tenant’s reasonable expense, may install and maintain a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the actual out-of-pocket cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, such other purposes as measured by said meter or meters or as otherwise measuredmeters, including sewer rents. Prior to any installation of a dishwasher in the Office Space for which a meter hereunder shall be required, Tenant shall deliver notice to Landlord thereof, which notice shall expressly refer to the applicable terms set forth above. (f) Maintain the common areas E. Provide emergency power sufficient for 0.25 ▇▇▇▇▇ per usable square foot demand load for up to 3,000 square feet per full floor of the Complex in good order Office Space (prorated with respect to any partial floor of the Office Space) for Tenant’s emergency lighting of the egress paths immediately adjacent to the core areas on such floors, provided that Tenant at its expense upon and repairsubject to the terms hereof shall bring such power from such core areas to such egress paths. (g) Permit 6.2 Landlord shall afford Tenant the opportunity to use sufficient shaft the freight elevator and loading dock, for the delivery and removal of construction material and personnel, on the same terms and conditions as other tenants in the Building. All deliveries and removals shall first be scheduled with the Property Management Office in writing on company letterhead (either via facsimile or via electronic mail) or entered in the web-based Aware program (or as may be subsequently designated by Landlord from time to time). The freight elevator may be used by Tenant on call solely with respect to workmen (as opposed to construction material) and small deliveries on a “first come, first served” (i.e., non-discriminatory) basis (but not more than two (2) elevator loads for each contractor or vendor on any one day) without additional charge from 8:00 A.M. to 5:00 P.M. on business days. The freight elevator may not be used for the delivery or removal of construction material or other large deliveries during such hours. The charge for the overtime use of the freight elevator and operator as of the date hereof is equal to the rate set forth in clause (a) of Exhibit M-5 attached hereto, subject to any applicable union rules regarding the minimum number of hours of operation thereof (Landlord hereby advises Tenant that such rules as of the date hereof require a minimum of four (4) hours use on any non-business day). The charge for the posting of the security guard at the loading dock as of the date hereof is equal to the rate set forth in clause (b) of Exhibit M-5 attached hereto, subject to any applicable union rules. The above charges are subject to increase after the date of this Lease if Landlord’s then standard charges for furnishing such services shall be increased (but not to exceed the rate charged by Landlord to tenants of comparable sized office space in Plaza III the Building). Notwithstanding the foregoing, the terms and provisions set forth in Exhibit M-6 attached hereto shall apply to accommodate three 4" diameter conduits Tenant’s use of after-hours freight elevator service. Tenant shall cooperate and coordinate with Landlord in scheduling Tenant’s use of the freight elevator during Tenant’s move in and any construction performed by Tenant. Tenant shall take all measures necessary to protect the freight elevator from injury and damage during such construction and move in and shall promptly notify Landlord of any injury or damage to the freight elevator. Tenant shall reimburse Landlord for all actual out-of-pocket costs and expenses incurred by Landlord in repairing any injury or damage to the freight elevator caused by Tenant during such construction and/or move-in, or at Landlord’s option and at Tenant’s sole cost and expense, Tenant shall promptly repair such injury or damage. Supplementing the foregoing, Landlord hereby advises Tenant that as of the date hereof, (a) food or other small deliveries (by hand delivery only, no carts) may be made by use of the Building’s messenger center from 8:00 A.M. to 7:00 P.M. on business days, (b) in connection with any large food or other deliveries requiring use of the freight elevator from 8:00 A.M. to 5:00 P.M. on business days, the name of the applicable vendor must be entered in advance in the visitor list and (c) large food or other deliveries during hours other than 8:00 A.M. to 5:00 P.M. on business days requiring use of the freight elevator must be made by reservation of the freight elevator in accordance with the foregoing terms hereof and submission of vendor insurance for review by Landlord no less than forty-eight (48) hours in advance of such reservation. 6.3 Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 6 or elsewhere under this Lease or otherwise to interrupt, curtail or suspend any services provided to the Demised Premises when the necessity therefor arises by reason of (i) required maintenance or repairs, (ii) alterations or improvements reasonably deemed necessary or desirable by Landlord for the benefit of the Building or any portion(s) thereof or if required by any law, order or regulation of any federal, state, county or municipal authority or (iii) accident, labor dispute, riot, war, insurrection, terrorism, bioterrorism, emergency, casualty, shortages of labor or materials, mechanical breakdown, Acts of God or for any other cause beyond the reasonable control of Landlord. Landlord shall use commercially reasonable efforts (subject to delays by Tenant and/or its agents and/or delays on account of force majeure) to complete all such maintenance, repairs, alterations or improvements or other work so that Tenant’s inconvenience resulting therefrom may be for as short a telecommunication shaftway; providedperiod of time as circumstances will permit. Except as otherwise expressly provided in this Lease, no diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result thereof, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspension, nor shall Tenant be entitled to terminate this Lease or to claim an actual or constructive eviction in whole or in part. 6.4 Tenant shall pay Landlord within thirty (30) days after demand as additional rent its then reasonable charge for the removal from the Office Space and the Building of any refuse and rubbish of Tenant other than normal office trash. A. If Tenant shall require HVAC service in the Office Space (“after-hours air-conditioning service”) at any time other than during business hours, Landlord shall furnish such service upon advance notice from Tenant as specified below and Tenant shall pay Landlord’s then established charges therefor (as provided for below) within thirty (30) days after Landlord’s demand therefor as additional rent. Requests for after-hours air-conditioning service shall be submitted in writing on company letterhead (either via facsimile or via electronic mail) to the Building manager or entered in the web-based Aware program (or as may be subsequently designated by Landlord from time to time), by a person designated by Tenant as authorized to make such requests, before 1:00 P.M. on Thursday for the following weekend and at least twenty-four (24) hours in advance for service on any weekday. Notwithstanding the aforesaid, if Tenant’s request for after-hours air-conditioning service is not in compliance with the preceding requirements, Landlord shall furnish such service if reasonably possible in Landlord’s reasonable judgment. Subject to union requirements, there shall be no minimum number of hours for which after-hours air-conditioning service is required. B. Landlord’s current charges for after-hours air-conditioning service are set forth in clause (c) of Exhibit M-5 attached hereto, in each case, subject to adjustment to reflect increases in Landlord’s then standard rate to the Building after calendar year 2016, it being understood that all work if the Office Space includes parts of any of such zones, Tenant shall be entitled to order service for any of such zones. C. If more than one (1) tenant in the same zone of the Building requests after-hours air-conditioning service for the same period, Landlord shall divide Landlord’s standard labor charge thereof equally among such tenants. A. Landlord agrees that in the event that Tenant requires additional heating, ventilation and air-conditioning in the Office Space, and Landlord, upon Tenant’s request therefor, consents to the installation of a system in the Office Space to provide such additional heating, ventilating and air-conditioning (which consent shall not be unreasonably withheld or delayed), then and in such event, Tenant may install, and Landlord consents to the installation of, at Tenant’s own cost and expense in accordance with, and subject to, the applicable provisions of this Lease (including Article 13 hereof) an additional heating, ventilating and air-conditioning system (hereinafter referred to as the “Supplemental Air-Conditioning System”). The costs of installation (including connection to any condenser water source), maintenance and operation of the Supplemental Air-Conditioning System shall be borne by Tenant, and Tenant shall be responsible for the design and installation of its own condenser water pumps, capable of delivering the required flow to Tenant’s equipment. Any Supplemental Air-Conditioning System shall be located wholly within the Office Space. Tenant shall install, at Tenant’s sole cost and expense, valved outlets into the condenser water riser, the cost of which valves are to be paid for by Tenant. Whenever Tenant shall make a connection to use any condenser water source, Tenant shall also leave additional valved outlets of a size, and in such shaftway locations, to be determined by Landlord upon its review and approval of Tenant’s plans with respect thereto. All facilities, equipment, machinery and ducts installed by Tenant in connection with the Supplemental Air-Conditioning System shall (a) be subject to Landlord's ’s prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; providedwritten approval, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord which shall not be obligated unreasonably withheld or delayed, (b) comply with Landlord’s reasonable requirements as to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more personsinstallation, firms or corporations authorized in writing by Landlord maintenance and operation, and (which authorization shall be granted only if the employment c) comply with all other terms, covenants and conditions of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Buildingthis Lease applicable thereto. Landlord may fix, shall have no liability or responsibility whatsoever for any interruption in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more service of the said supplies and servicesSupplemental Air-Conditioning System (if any) for any cause whatsoever (except to the extent caused by Landlord’s negligence or willful misconduct), provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building nor shall any messenger service. It is understood, however, that Tenant such interruption be construed as an actual or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests constructive eviction of Tenant, or entitle Tenant to any abatement of Fixed Rent or additional rent (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise expressly provided in this Lease), or relieve or release Tenant from any of its obligations under this Lease. Tenant agrees to reasonably cooperate with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper connection, functioning and protection of the Supplemental Air-Conditioning System. Landlord shall not impose any tap-in fees in connection with the installation by Tenant of Tenant’s Supplemental Air-Conditioning System. The Building’s condenser water system has the capacity to support a water-side economizer when outdoor wet bulb temperature permits. B. Landlord shall furnish, if required by Tenant, up to seventy-five (75) tons of condenser water for Tenant’s Supplemental Air-Conditioning System with respect to the Office Space on a twenty-four (24) hours per day, three hundred sixty-five (365) days per year

Appears in 1 contract

Sources: Lease Agreement (Take Two Interactive Software Inc)

SERVICES AND EQUIPMENT. 21.01. So long as this Lease is in full force and effect, Landlord shall, at its cost and expense: (ai) Provide necessary passenger elevator facilities maintain and operate the heating system serving the demised premises, and shall furnish heat in the demised premises as may be reasonably required for comfortable occupancy of the demised premises during Business Hours of Business Days. Landlord covenants and agrees that the portion of the Building heating system (the "Premises Heating System") servicing the demised premises shall be in good working order and in compliance with all Legal Requirements on or before the day that Tenant shall commence the conduct of its business in the demised premises, and that Landlord shall maintain and repair the Premises Heating System in good working order and condition and in compliance with all Legal Requirements throughout the term of this Lease and that the Premises Heating System shall be capable of maintaining inside conditions of approximately 65(degree)F dry bulb when the outside winter temperature is 0(degree)F dry bulb. The foregoing capabilities of the system are based upon and limited to the continuous closure of all exterior windows. "Business Days from Hours" shall mean 8:00 A.M. a.m. to 6:00 p.m. If Tenant shall require heat service at any other time, Landlord shall furnish such service for such times provided Tenant shall give Landlord notice thereof for overtime evening service on any Business Day prior to 1:00 P.M. of such Business Day and for such overtime service on weekends or holidays prior to noon on the next preceding Business Day, and Tenant shall have at least one elevator pay to Landlord within fifteen (15) days after demand for such overtime service as set forth in the following sentence. As of the date hereof, Landlord's Building Standard charge for overtime heating is $25 per hour per floor (four (4) hour minimum required) subject to call at all other times. At Landlord's option, increase after the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may date hereof from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on equal to 103% of actual increases after the date of this Lease hereof in the Fourth Floor Space and Landlord's out-of-pocket costs to provide same (ii) the other base building structural systems in accordance with Section 7.01; it being understood that but in no event shall Landlord be responsible for such charge exceed the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unitBuilding Standard charge therefor). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E PARK AVE ARMORY/NYLPC - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.LEASE PT II

Appears in 1 contract

Sources: Lease Agreement (PPC Publishing Corp)

SERVICES AND EQUIPMENT. 21.01Section 28.1. Landlord shall, at Landlord’s expense: (aA) Provide necessary passenger non-exclusive access to the Building’s freight elevator facilities and loading dock serving the Premises (or, at any time prior to the freight elevator being operational, to the Building’s outside hoist) on Business Days from 8:00 A.M. call on a “first come, first served” basis during Freight Elevator Hours without additional charge to 6:00 P.M. Tenant; and on a reservation, exclusive “first come, first served” basis during Overtime Periods, with a minimum block of four (4) consecutive hours to be reserved during such Overtime Periods at Landlord’s Building-standard rate (which shall have at least one be commercially reasonable), which amounts shall be payable to Landlord as Additional Rent. Notwithstanding anything to the contrary contained herein, Landlord shall waive the cost of up to thirty (30) hours of freight elevator (or outside hoist, as the case may be) usage during Overtime Periods, subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. requirements above (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems the requirement that are installed such usage be scheduled in blocks of at least four (4) hours), during Tenant’s initial single-phase move in to service Tenant's data processingthe Premises. There shall be no charge for freight elevator (or outside hoist, computer or telephone operationsas the case may be) usage in connection with Landlord’s Initial Alterations Work. Landlord shall provide reasonable amounts of condenser water shall, at Landlord’s expense, repair any damage to the Demised Premises from locations designated caused by Landlord 24 hours per daythe installation, 7 days per weekexistence or removal of the outside hoist. (B) Provide passenger elevator service to the Premises on Business Days during Operating Hours, provided that at least one (1) elevator shall be available to all floors of the Premises at all times. Tenant agrees that Landlord may, at its election, install elevators with or without operators and may change the same from time to time. (C) As soon as Tenant occupies the Premises for the conduct of its business, furnish to the Premises, through the HVAC System, during Operating Hours, chilled air and heat and/or ventilation in accordance with the Performance Specifications set forth in Section 38.1(B) hereof.; provided that Tenant shall have draw and close the right draperies or blinds for the windows of the Premises whenever the HVAC System is providing ventilation or air-conditioning and the position of the sun so requires and shall, at all times, cooperate fully with Landlord and abide by all of the Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC System. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to tap into the Building's condenser water riser via habitability of the tap currently located on Premises at any time the HVAC System is not in operation. Subject to Section 7.3(B) of this Lease, Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 28.3. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Premises by more than an average of one (1) person for each one hundred (100) square feet of usable area or if Tenant uses in excess of six (6) ▇▇▇▇▇ of electricity per rentable square foot of the Premises. If Tenant occupies the Premises at an occupancy rate of greater than that for which the HVAC System was designed (one (1) person per ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided▇) or uses in excess of six (6) ▇▇▇▇▇ of electricity per rentable square foot, that or if Tenant’s partitions are arranged in such a way as to interfere with the performance normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts through which it operates as required by reason of such work conditions, and the reasonable cost of such changes shall be performed reimbursed by Tenant to Landlord as Additional Rent within twenty (20) days after presentation of a ▇▇▇▇ therefor. Any dispute regarding Landlord’s election to make changes to the HVAC System pursuant to the foregoing sentence shall be resolved by expedited arbitration in accordance with Article 6 and all other applicable provisions 43 of this Lease. Tenant acknowledges that Subject to Section 7.3, Landlord, throughout the Term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall be responsible for installingnot construct or place partitions, furniture or other obstructions that may interfere with Landlord’s free access thereto or the proper functioning of Building Systems, or interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant nor its agents, employees or contractors shall at its sole cost any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations. Landlord’s obligations under this Section 28.1 and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant under Section 28.2 are subject to applicable Laws that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during limit the hours or days when the extent to which Landlord is not able permitted to furnish condenser water to the Demised Premisessupply HVAC. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed obligation to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject supply HVAC to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expenseBasement Space. (dD) Provide the Furnish hot and cold water for ordinary drinking, pantry, cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services lavatory purposes (specifically excluding showers) to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water core restrooms in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposesPremises. If Tenant requires, uses or consumes water for any other purposespurposes (including, without limitation, showers), Tenant agrees that Landlord may Tenant shall install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenantequipment. Tenant shall reimburse pay to Landlord for one hundred eight percent (108%) of the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposesconsumption measured as provided above, as measured by said meter or meters or as otherwise measuredAdditional Rent, including within thirty (30) days after bills are rendered. Tenant shall also pay the New York City sewer rents, charges and any other tax apportioned to the Premises in accordance with the measured consumption of water therein, and shall reimburse Landlord for all other costs of providing the same, as Additional Rent, within thirty (30) days after bills are rendered. Except with respect to the core restrooms and any pantries on the floors of the Building on which the Premises are located, Tenant shall pay all costs of generating hot water for Tenant’s use. (fE) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime provide cleaning of the Premises or premium labor therefor. 21.03refuse or rubbish removal for the Premises, except that Landlord shall clean the interior and exterior of the exterior windows of the Premises twice yearly. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization Tenant shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted reputable contractors, duly licensed and qualified, to furnish laundryperform janitorial services and extermination services in the Premises. The level of service provided by the janitorial contractor shall, drinking waterat a minimum, iceinclude the nightly cleaning and re-stocking of restrooms that are part of the Premises, food or beverages, cable television the proper collection and other disposal of rubbish and recyclables as provided in this Lease and the general cleaning of the Premises to a level commensurate with that customarily provided in tenant-cleaned spaces in first-class office buildings similar supplies and services to tenants and licensees in the Building. Tenant shall have the option of utilizing Landlord’s base building cleaning and extermination contractors, but will be required to contract directly with any such contractor and to pay such contractor directly for all services rendered to the Premises. Landlord shall in no event be responsible for the oversight or performance of any work in the Premises by any of Landlord’s base building contractors and shall not be a party to any contract between the Tenant and any contractor. Landlord shall have the right to terminate its contract with any contractor at any time, without regard to any contracts that may fixexist between the Tenant and any contractor. Landlord will provide Tenant’s cleaning, rubbish removal and pest control contractors with access to the Building at commercially reasonable times for the purpose of performing their contracted duties. Tenant shall provide Landlord with a schedule of Tenant’s contractors and their employees requiring access and shall be responsible for updating such schedule at all times, and in no event shall Landlord have any liability to Tenant whatsoever for denying access to any contractor’s employees who are not on such schedule. Tenant shall be responsible for providing its reasonable judgmentcontractors with access to the Premises and for providing the contractors with any keys, access cards or codes as necessary. Tenant shall be responsible for controlling each of its contractors’ use and possession of all keys, access cards and codes. All of the equipment of such contractors shall be stored within the Premises or removed from the Building. (F) (i) Tenant shall, at any time its sole cost and from time expense, comply with all Requirements with respect to timethe recycling or sorting of refuse and rubbish, and, without limiting the hours during which generality of the foregoing, (a) shall recycle spent products, including toner cartridges, copier drums and fluorescent tubes, and (b) shall provide facilities in the regulations under which such supplies Premises for separate storage and services are recycling of each of the following: (x) paper products and cardboard, (y) aluminum, glass and plastic, and (z) food wastes and so-called “wet garbage”. Tenant shall arrange and require its employees working in the Premises to be furnishedparticipate in annual training regarding recycling and shall participate in Landlord-sponsored training programs regarding recycling. Landlord expressly reserves the right to act refuse to collect or accept from Tenant any refuse or rubbish which is not separated and sorted as or required and to designaterequire Tenant to arrange for such collection, at any time Tenant’s sole cost and from time expense, using a contractor reasonably satisfactory to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenantLandlord. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Peloton Interactive, Inc.)

SERVICES AND EQUIPMENT. 21.01. Section 28.1 Landlord shall:shall (subject to Tenant’s reimbursement obligation pursuant to Article 4): (aA) Provide necessary passenger elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 twenty-four (24) hours per day, 7 seven (7) days per week, three hundred sixty-five (365) days per year. Tenant shall agrees that Landlord may, at its election, install elevators with or without operators and may change the same from time to time. (B) Provide one (1) freight elevator serving the 769 Premises on call on a “first come, first served” basis twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year. To the extent the 771 Premises and 769 Premises do not have dedicated freight elevators, the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall passenger elevators may be performed used for freight in accordance with the Requirements. (C) Maintain and repair the HVAC System installed by Landlord, except for those repairs which are the obligation of Tenant pursuant to Article 6 and all other applicable provisions 7 of this Lease. Tenant acknowledges The HVAC System will be operated by Landlord as and for the comfortable occupancy of the Premises in accordance with the following standards during Operating Hours: Cooling Cycle 72 degrees F (D.B.F) 90 degrees F (D.B.F) 77 degrees F (W.B.F) Heating Cycle 69 degrees F 0 degrees F provided that Tenant shall be responsible draw and close the draperies or blinds for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises whenever the ventilation or air-conditioning system is in operation and the Building are sealedposition of the sun so requires and shall, at all times, cooperate fully with Landlord and that abide by all of the Demised Premises Table of Contents Rules and Regulations which Landlord may become uninhabitable prescribe for the proper functioning of the HVAC System. Tenant shall pay Landlord for heat, ventilating and the air therein may become unbreathable without air-conditioning as Additional Rent, within ten (10) days after Landlord bills Tenant therefor, which bills shall be rendered not more often than monthly. The amount of such equipment or during the hours or days when Landlord is not able to furnish condenser water Additional Rent for a given period of time shall be equal to the Demised total cost to Landlord of delivering steam and chilled water for the Premises, which cost shall be determined based upon Landlord’s established mathematical model as described in Schedule G hereto. Any use or The performance by Landlord of its obligations under this Section 28.1(C) subject to Tenant’s compliance with the conditions of occupancy and connected load established by Landlord. Use of the Demised Premises without such equipment Premises, or during such hours any part thereof, in a manner exceeding the heating, ventilating and/or air-conditioning design conditions (including occupancy and connected electrical load), or rearrangement of partitioning which interferes with normal operation of the heating, ventilating and/or air-conditioning in the Premises, or the use of computer or data processing machines or other machines or equipment, may require changes in the heating, ventilating and/or air-conditioning systems servicing the Premises, in order to provide comfortable occupancy. Such changes, so occasioned, shall be at the sole risk, responsibility and hazard of made by Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereofat its expense, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to Alterations in accordance with the provisions of Article 4 hereof 6, but only to the extent permitted and upon the conditions set forth in that Article. Tenant expressly acknowledges that some or all such electric energy windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 28.2. Landlord, throughout the Term, shall be furnished have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access thereto, or interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant nor Persons Within Tenant’s Control shall at Tenant's cost and expenseany time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations. Landlord’s obligations under this Section 28.1(C) are subject to applicable Requirements that may limit the hours or the extent to which Landlord is permitted to supply HVAC. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (eD) Furnish hot and cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes (including for laboratory purposes), Tenant agrees that Landlord may Tenant shall, if requested by Landlord, install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's ’s cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess (including costs of that estimated to be consumed for lavatory, drinking and office cleaning purposes, generating hot water) as measured by said meter or meters or as otherwise measured, including sewer rents, as Additional Rent within ten (10) days after bills are rendered. (fE) Maintain Provided Tenant shall keep the common areas Premises in order, Landlord shall cause the Premises, including the exterior and the interior of the Complex windows thereof but excluding any laboratory space, to be cleaned in good order a manner standard to the Buildings and repairin accordance with the cleaning specifications annexed to this Lease as Schedule D. Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord for (a) extra cleaning work in the Premises required because of (i) misuse or neglect on the part of Tenant or its subtenants or its or their Table of Contents employees or visitors, (ii) the use of portions of the Premises for special purposes requiring greater or more difficult cleaning work than office areas, (iii) interior glass partitions or unusual quantity of interior glass surfaces, and (iv) special materials or finishes on items installed by Tenant or its subtenants or its or their employees or visitors or at its or their request; (b) removal from the Premises and the Buildings of any refuse or rubbish of Tenant in excess of that ordinarily accumulated in business office occupancy or at times other than Landlord’s standard cleaning times; and (c) any additional operating expenses attributable to the use and occupancy of the Premises by Tenant or its subtenants or its or their employees or visitors other than during Business Hours on Business Days. If, however, any additional cleaning of the Premises is to be done by Tenant, it shall be done at Tenant’s sole expense, in a manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises or the Buildings for such purpose. Tenant, at Tenant’s expense, shall cause the Premises to be exterminated on a monthly basis to the satisfaction of Landlord and additionally shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Premises or the Buildings for the purpose of providing such extermination services, unless such persons have been approved by Landlord. If so requested by Landlord, Tenant, at Tenant’s expense, shall store any refuse generated by the consumption of food or beverages on the Premises in a cold box or similar facility. Landlord, its cleaning contractor and their employees shall have access to the Premises after 5:30 p.m. and before 9:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises as required under Section 28.1. Tenant shall comply, at Tenant’s expense, with all Requirements regarding recycling of trash including, but not limited to, separating from the general trash such items as may be required, i.e., paper, plastic, glass and aluminum cans. (gF) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits Intentionally omitted. (G) Landlord shall provide security devices and services for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval the Buildings and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require key card access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoeverPremises, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently consistent with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment standards of the Demised Original Premises, but Landlord shall not be obligated to employ overtime provide any access devices such as security card readers or premium labor thereforsecurity devices within the Premises. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts. Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal and waives any claim against Landlord arising out of or in connection with the failure of any security service or device. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 21.03. It is expressly agreed that only Section 28.2 (A) Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more stop the furnishing of the said supplies Building services and services, provided that the quality thereof and the charges therefor are reasonably comparable to that stop service of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understoodSystems, howeverwhen necessary, that Tenant by reason of accident, or regular office employees emergency, or guests for Alterations in the judgment of Tenant who are not employed Landlord desirable or necessary to be made, until said Alterations shall have been completed; and Landlord shall have no responsibility or liability for failure to supply air-conditioning, ventilation, heat, elevator, plumbing, electric, gas, steam or other services during said period or when prevented from so doing by any supplier strikes, lockouts, difficulty of such food or beverages obtaining materials, accidents or by any person, firm or corporation engaged in the business cause beyond Landlord’s reasonable Table of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of TenantContents control, or (ii) order food by Requirements or beverages for delivery from take-out failure of electricity, water, steam, coal, oil or catering establishmentsother suitable fuel or power supply, provided that such deliveries do not materially cause elevator delays or inability by exercise of reasonable diligence to obtain electricity, water, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor inconvenience the other tenants shall this Lease or any of the Building. No food obligations of Tenant be affected or beverage may be brought into reduced by reason of such interruption, curtailment or suspension, nor shall the Building for resale to same constitute an actual or for consumption by any other tenantconstructive eviction. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Progenics Pharmaceuticals Inc)

SERVICES AND EQUIPMENT. 21.01. 20.1 So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall: (a) a Provide necessary twenty four hours per day/seven days a week nonexclusive passenger elevator facilities on Business Days from 8:00 A.M. service to 6:00 P.M. Tenant and shall have at least one elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such during Business Hours. During all times other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioningthan those indicated above, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide Tenant with freight elevator service, provided Tenant gives Landlord reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per weekprior notice ("Overtime Freight Elevator Service"). Tenant shall have pay Landlord the right charges for Overtime Freight Elevator Service that in an amount of ($50.00) per our as additional rent. Tenant may after Business Hours and not on Business days "lock-off" elevator access to tap into the Building's condenser water riser via Premises. Subject to the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Leaselease, provide, on Business Days during Business Hours, heat from October 15 through May 15 of each year during the Term. Tenant acknowledges that Tenant shall cause all of the windows in the Premises to be responsible for installingkept closed and shall keep entirely unobstructed all the vents, intakes, outlets and grilles whenever the air-conditioning or heating system is in operation and shall comply with and observe all regulations and requirements prescribed by Landlord. (b Tenant, at its sole cost and expense, heatingshall be responsible for cleaning the Premises with a cleaning contractor approved by Landlord which approval shall not be unreasonably withheld. In addition, ventilation Tenant shall be responsible, at its own cost and air conditioning equipment in expense, for the Demised Premises (other than removal from the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealedof any refuge and rubbish in accordance with the rules, regulations and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation provisions of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised PremisesLease. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. 6:00 p.m. and before 8:00 A.M. a.m. on Business days, have nonexclusive use of the Building's freight elevator without charge and shall have the right to use, without charge thereforcharge, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required set forth under this Section 21.0120. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management (c furnish hot and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposespurposes or in unusual quantities (as determined by Landlord in its reasonable discretion), Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to shall reimburse Landlord for the reasonable cost of the meter or meters and the installation thereof, and to shall pay for the maintenance of said meter equipment and/or to shall pay Landlord's cost reasonable costs of other reasonable means of measuring such water consumption by Tenant. In the event such a meter is installed by Landlord, Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated what is normal for commercial operations similar to be consumed for lavatoryTenant, drinking and office cleaning purposesincluding sewer rents, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of cost to heat such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access)water. 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Mainspring Communications Inc)

SERVICES AND EQUIPMENT. 21.01. Landlord shall: (a) Provide necessary passenger elevator facilities on Business Days from 8:00 A.M. Tenant shall furnish, at its expense, all trade fixtures, furniture, equipment and personal property (collectively, “Property”) to 6:00 P.M. be used at the Premises. Landlord shall not be responsible for the Property of Tenant, and shall have at least one elevator subject to call at all other times. At Landlord's option, the elevators any insurance coverage thereon shall be operated provided by automatic control Tenant as set forth in this Agreement. Tenant agrees to pay all charges for utilities, including heating and air conditioning, services for electrical, water and sewer, telephone and other communication services, fire detection services (if applicable), and trash removal services for the Premises, whether paid to Landlord or by manual control, or by a combination of both third party provider of such methodsutilities. Tenant shall use passenger elevators solely for the transportation of its employees indemnify Landlord and invitees and not for freight handling, the delivery of packages requiring hand trucks save it harmless against any liability or other similar items or the removal of refusedamages on such account. (b) Provide freight elevator As of the Rental Commencement Date, Tenant shall pay for its electric service on Business Days from 9:00 A.M. for the Premises directly to 12:00 Noon and 12:30 P.M. a third party provider of such electric service. Landlord, at its option, may elect to 5:00 P.M. All deliveries provide electric service to the Premises, at a cost to be determined by Landlord, which amount shall be paid monthly by Tenant as Additional Rent pursuant to this Agreement. Thereafter, Landlord may elect to discontinue furnishing electric service to the Premises upon thirty (30) days’ prior written notice to Tenant without affecting this Agreement or otherwise incurring any liability to Tenant. If Landlord shall be made give Tenant such notice, Tenant may contract for and receive such electric service directly from the public utility company serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant to use Landlord's service to the Premises, at freight docks located on the ground floor or at such other locations as Landlord may from time to time designateTenant's cost. (c) Maintain and Tenant, at Tenant’s expense, shall at all times keep in good order and repair the Premises (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to the service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water areas adjacent to the Demised Premises Premises, display windows and signs) orderly, neat, safe, clean and free from locations rubbish and dirt. Tenant shall dispose of all trash (wet or dry) on a daily basis in such receptacles as may be designated by Landlord 24 hours per dayfor such disposal, 7 days per weekand until Tenant disposes of such trash, Tenant shall store the trash and other solid waste within the Premises or in such areas as may be designated by Landlord for such storage. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installingnot burn any trash or garbage, at its sole cost and expenseany time, heating, ventilation and air conditioning equipment in or about the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expenseShopping Center. (d) Provide As of the cleaning and janitorial services described on Schedule E annexed hereto on Business DaysRental Commencement Date, Tenant shall pay for its trash removal service for the Premises directly to a third party provider of such trash removal service. In the event Landlord's cost of providing At any time after Landlord makes such election, Landlord may, upon thirty (30) days’ prior written notice to Tenant, furnish trash removal services to the Existing Buildings Premises at a cost to be determined by Landlord, which amount shall increase after the date hereofbe paid monthly by Tenant as Additional Rent pursuant to this Agreement. Thereafter, Tenant agrees Landlord may elect to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such discontinue furnishing trash removal services to the Existing BuildingsPremises upon thirty (30) days’ prior written notice to Tenant without thereby affecting this Agreement in any manner or otherwise incurring any liability to Tenant, except that Landlord will no longer be required to furnish trash removal services to the Premises. If Landlord shall promptly notify Tenant of any does not provide such increase. services and if Landlord has elected not to retain a third party to provide such services, Tenant shall employ Landlord to provide any cleaning arrange for the regular pickup of all trash, garbage and janitorial services other solid waste with a contractor and upon terms approved in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. writing by Landlord, in its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1)sole discretion. (e) Furnish As of the Rental Commencement Date, Tenant shall pay for its water and sewer service for lavatory the Premises directly to a third party provider of such water and drinking sewer service. Landlord, at its option, may elect to provide water and office cleaning purposessewer service to the Premises, at a cost to be determined by Landlord, which amount shall be paid monthly by Tenant as Additional Rent pursuant to this Agreement. Thereafter, Landlord may elect to discontinue furnishing water and sewer service to the Premises upon thirty (30) days’ prior written notice to Tenant without affecting this Agreement or otherwise incurring any liability to Tenant. If Landlord shall give Tenant requires, uses or consumes water for any other purposessuch notice, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's contract for and receive such water consumptionand sewer service directly from the public utility company serving the Shopping Center, and if Tenant further agrees to reimburse does so, Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed service to the Premises, at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access)cost. 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Tenancy Agreement

SERVICES AND EQUIPMENT. 21.0119.01. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall, at its cost and expense: (ai) Provide necessary passenger elevator facilities during business hours on Business Days from 8:00 A.M. to 6:00 P.M. business days and shall have at least one elevator subject to call at all other times. At Landlordlandlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (bii) Provide without additional charge non-exclusive freight elevator service facilities on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to business days during usual hours of operation thereof. At all other times, Tenant shall be made at permitted by prearrangement on a first come first serve basis to schedule reserved freight docks located on the ground floor or at elevator service. All such other locations as Landlord may from time to time designate. (c) Maintain arrangements and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval Building rules therefor and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III union requirements and Tenant shall be solely responsible pay for negotiating for such right the use of access)the freight elevator at Landlord's standard rates then in effect. 21.02(b) Landlord, at Landlord's expense, shall furnish heat to the peripheral heat units in the demised premises and ventilation and air-conditioning services from the Floor Unit during business hours on business days. The Floor Unit shall be comprised of one thirty-five (35) ton water cooled unit. If Tenant shall install supplemental air conditioning equipment in the demised premises, solely to the extent the Building risers and tower have available capacity, Landlord shall furnish condenser water therefor and Tenant shall pay Landlord's then established reasonable charges in connection therewith as additional rent within five (5) business days after demand. The term "business hours", as used in this Lease, shall mean the hours from 8:00 a.m. to 6:00 p.m. The term "business days", as used in this Lease, shall mean all days except Saturdays, Sundays and the days observed by the Federal or the New York State or City governments as legal holidays and such other days as shall be designated as holidays by the applicable operating engineers union contract or building service employees union contract. Landlord reserves shall, during business hours of business days, at its expense (subject to recoupment under Section 3.04. hereof), operate the right without any liability whatsoever, or abatement Base Building System servicing the public areas of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, shall operate the Base Building System in accordance with its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understooddesign criteria; provided, however, that Tenant Landlord may reduce such level of operation in accordance with a recognized energy or regular office employees water conservation programs, guidelines, regulations or guests of Tenant who are not employed recommendations promulgated by any supplier Federal, State, City or other governmental or quasi-governmental bureau, board, department, agency, office, commission or other subdivision thereof or the American Society of such food Heating, Refrigeration and Air-Conditioning Engineers, Inc. or beverages any successor thereto or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenantorganization serving a similar function. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Primus Guaranty LTD)

SERVICES AND EQUIPMENT. 21.01. 21.1 Landlord shall:, at its cost and expense (but subject to reimbursement by Tenant pursuant to Article 4 hereof): (a) Provide provide necessary passenger elevator facilities on during Business Days from 8:00 A.M. to 6:00 P.M. Hours (as such term is defined in Article 22 hereof) and shall have at least one passenger elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Landlord shall provide freight elevator service to Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse.upon reasonable notice from Tenant; (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and maintain, keep in good order repair and repair (i) provide the air services of the Building system air-conditioning, heating and ventilating unit existing on system ("HVAC SYSTEM") installed by Landlord in accordance with the date design criteria annexed hereto as EXHIBIT E. The aforesaid systems will function when seasonably required during Business Hours. The cooling season for the purposes of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions May 15 through September 15 of this Leaseeach calendar year. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition for the ventilating conditions and/or temperature of the Demised Premises demised premises during the hours or days Landlord is not required to furnish heat, ventilation or air-conditioning pursuant to this subsection. In any event, Tenant shall keep entirely unobstructed all the vents, intakes, outlets and grilles, at all times and shall comply with and observe all regulations and requirements prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning systems including without limitation, the lowering and closing of Venetian blinds in the demised premises during daylight hours. In the event that Tenant shall require air-conditioning, heating or ventilation at such times as same are not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereoffurnished by Landlord, nor Tenant shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason give Landlord at least 24-hours advance notice of such condition of requirement, and Tenant agrees to pay the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy prevailing rate therefor as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expenseadditional rent. (dc) Provide the provide cleaning and janitorial services described on Schedule E Business Days in accordance with the specifications annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereofas EXHIBIT F; provided, however, Tenant agrees to shall pay to Landlord as additional rent upon ten (10) days notice the costs incurred by Landlord for (a) extra cleaning work in the demised premises required because of (i) misuse or neglect on the first day part of each and every month after such increase an amount equal to Tenant's Expense Share Tenant or its employees or visitors, (ii) use of portions of the monthly increase demised premises for preparation, serving or consumption of Landlord's cost food or beverages, data processing or reproducing operations, private 49 lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of providing such services to interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request, and (b) removal from the Existing Buildings. Landlord shall promptly notify Tenant demised premises and the Building of so much of any such increase. refuse and rubbish of Tenant as shall employ Landlord to provide any cleaning and janitorial services exceed that ordinarily accumulated daily in excess the routine of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial servicesbusiness office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises demised premises and the use (at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all Tenant's expense) of light, power and water in the Demised Premises demised premises as reasonably required to clean for the Demised Premises as required under this Section 21.01. Tenant shall comply purpose of cleaning the demised premises in accordance with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1).Landlord's obligations hereunder; and (ed) Furnish furnish hot and cold water for lavatory and drinking and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposesconsumed, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. 21.2 Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, advance of any such stoppage and, if ascertainable, and its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with the Tenant's use and enjoyment of the Demised Premises, demised premises but nothing herein shall be deemed to require Landlord shall not be obligated to employ perform the same on an overtime or premium labor thereforpay basis unless requested to do so by, and at the expense of, Tenant. 21.03. 21.3 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages, cable television beverages and other similar supplies and services to tenants and licensees in the BuildingBuilding provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Landlord may fix, in its reasonable judgmentown absolute discretion, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any 50 one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. ; and Landlord furthermore expressly reserves the right to exclude from the Building any messenger serviceperson, firm or corporation attempting to furnish any of said supplies or services but not so designated by Landlord. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises demised premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do but not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. Landlord may fix in its absolute discretion, at any time and from time to time, the hours during which, and the regulations under which, foods and beverages may be brought into the Building by regular employees of Tenant. 21.0421.4 Tenant agrees to employ such third-party office maintenance contractor as Landlord may from time to time reasonably designate, for all waxing, polishing, lamp replacement, cleaning (other than those cleaning services Landlord is obligated to furnish) and the maintenance work in the demised premises, provided that the quality thereof and the charges therefor are reasonably comparable to that of other contractors. Tenant shall not employ any other contractor without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. 21.5 Landlord will maintain a listing on the Building directory for Tenant. Landlord will provide a plaque in the mail room for any additional names Tenant wishes. Tenant may place a sign, approved by Landlord, on the entrance doors to the demised premises with Tenant's name. Other than Tenant's name, Tenant shall place no other names, plaques, signs or the like on the entrance doors to the demised premises and shall place no names, plaques, signs or the like elsewhere on the exterior of the demised premises. The listing of any name other than that of the Tenant, whether on the doors of the demised premises, on the Building directory, or otherwise, shall not operate to vest any right or interest in this Lease or in the demised premises or to be deemed to be the written consent of Landlord mentioned in Article 11 hereof, it being expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.6 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Interliant Inc)

SERVICES AND EQUIPMENT. 21.01. Landlord shall, at its cost and expense: (a) Provide necessary passenger elevator facilities on Business Days from (as hereinafter defined in Article 22) during "regular hours" (that is between the hours of 8:00 A.M. to and 6:00 P.M. P.M.) and shall have at least one elevator in Tenant's elevator bank subject to call at all other times. At Landlord's option, the elevators elevator shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant Landlord shall provide freight elevator service to the demised premises at no charge for casual deliveries on a first come first served basis (i.e., no advance scheduling) during those hours of Business Days during which freight elevator service is regularly provided. Freight elevator service shall also be provided to the demised premises on a reserved basis at all other times, upon the payment of Landlord's then established charges therefor which shall be additional rent hereunder. The use passenger of all elevators solely for the transportation of its employees shall be on a non-exclusive basis and invitees shall be subject to Landlord's Freight Elevator Rules and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse.Regulations which in their current form are annexed hereto as Schedule E. (b) Provide freight elevator Maintain and operate the heating system and shall, subject to the design specifications of the heating system and to energy conservation requirements of, and voluntary energy conservation programs sponsored by, governmental authorities, furnish heat (hereinafter called "Heat service") to the demised premises. Heat service shall be provided, as may be required for comfortable occupancy of the demised premises during regular hours on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to during the heating season. If Tenant shall require Heat service during hours other than regular hours or on days other than Business Days (hereinafter called "After Hours"), Landlord shall furnish such After Hours Heat service upon reasonable advance notice from Tenant, and Tenant shall pay, on demand, Landlord's established charges therefor. Landlord's current charge for such After Hours Heat service is $275.00 per hour per floor, which charge shall be made at freight docks located on the ground floor or at such other locations as Landlord may subject to increases from time to time designatein the same percentage as increases in Landlord's costs. (c) Maintain Supply air conditioning (hereinafter referred to as "A/C service") to the demised premises, subject to the design specifications of the systems annexed hereto as Schedule F and keep in good order to energy conservation requirements of, and repair (i) the air conditioningvoluntary energy conservation programs sponsored by, heating governmental authorities, during regular hours of Business Days from May 15 to October 15. If Tenant shall require A/C service during After Hours, Landlord shall furnish such After Hours A/C service upon reasonable advance notice from Tenant, and ventilating unit existing Tenant shall pay, on the date of this Lease demand, Landlord's established charge therefor. Landlord's current charge for such After Hours A/C service is $325.00 per hour per floor, which charge shall be subject to increases from time to time in the Fourth Floor Space and (ii) the other base building structural systems same percentage as increases in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Landlord's costs. If Tenant's data processingmanner of us and occupancy are consistent with the design specifications of the air-conditioning system (i.e., computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ electrical usage not ---- exceeding 5 ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; providedper square foot of ceiling area, etc.) and, notwithstanding that the performance same are not exceeded, the A/C service provided to those portions of such work shall be performed the demised premises located proximately to core facilities is inadequate in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installingusual Building Standards, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense provide such electric energy supplemental air-conditioning to the 6th floor Space as is may be required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expenseprovide design conditions. (d) Provide the cleaning and janitorial services described on Schedule E Business Days in accordance with the cleaning specifications annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings as Exhibit C. Tenant shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on demand the costs incurred by Landlord for (a) extra cleaning work in the demised premises required because of (i) misuse or neglect on the first day part of each and every month after such increase an amount equal to Tenant's Expense Share Tenant or its employees or visitors, (ii) use of portions of the monthly increase demised premises for preparation, serving or consumption of Landlord's cost food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of providing such services to interior glass surfaces, (iv) non- Building Standard materials or finishes installed by Tenant or at its request and (b) removal from the Existing Buildings. Landlord shall promptly notify Tenant demised premises and the Building of so much of any such increase. refuse and rubbish of Tenant as shall employ Landlord to provide any cleaning and janitorial services exceed that ordinarily accumulated daily in excess the routine of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial servicesbusiness/sales office occupancy. Landlord, its cleaning contractor and their employees shall have After Hours access to the Demised Premises at all times after 5:30 P.M. demised premises and before 8:00 A.M. and shall have the right to use, without charge therefor, all free use of light, power and water in the Demised Premises demised premises as reasonably required to clean for the Demised Premises as required under this Section 21.01. Tenant shall comply purpose of cleaning the demised premises in accordance with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1)Landlord's obligations hereunder. (e) Furnish water for lavatory and drinking and office cleaning purposespurposes ("Customary Water Uses"). If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed (for lavatory, drinking and office cleaning purposesother than Customary Water Uses), as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas 21.02. Any use of the Complex demised premises, or any part thereof, or rearrangement of partitioning in good order a manner that interferes with normal operation of the heat and repair. air-conditioning systems (ghereinafter called the systems) Permit Tenant to use sufficient shaft space servicing the same, may require changes in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; providedsuch systems. Such changes, that all work required for Tenant to use such shaftway when so occasioned, shall be made by Tenant, at its expense, subject to Landlord's prior written approval and of such changes, which approval shall not be unreasonably withhold or delayed. Tenant shall not make any change, alteration, addition or substitution to the air-conditioning system without Landlord's prior written approval, which may be withhold for any reason. 21.03. If any permit or license shall be performed required for the operation of any air-conditioning unit in or serving the demised premises, Landlord shall have the option of obtaining the same on Tenant's behalf and at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; providedexpense, furtheror by written notice to Tenant requiring Tenant, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order at Tenant's expense, to obtain access to and maintain any such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access)permit or license. 21.0221.04. Landlord reserves the right without any liability whatsoeverwhatsoever or except as hereinafter in this Section 21.04 provided, or abatement of Basic Annual Rent fixed annual rent, or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements. Landlord shall use reasonable efforts, provided to the extent reasonably practicable, to perform such repairs, alterations, replacements or improvements in a manner which shall minimize interference with the conduct of Tenant's business and Tenant's use, occupancy and enjoyment of the demised premises, provided, however, that except Landlord shall have no obligation to employ contractors or labor at overtime or other premium-pay rates or to incur any other overtime costs or expenses whatsoever. No such stoppage or interruption shall result in case any liability from Landlord to Tenant or entitle Tenant to any diminution or abatement of emergency, Landlord will notify rent or other compensation nor shall this Lease or any of the obligations of Tenant in advance, if possible, be affected or reduced by reason of any such stoppage andor interruption; provided, however, that if ascertainablesuch stoppage or interruption is not the result of any act or omission of Tenant or its agents, its estimated durationcontractors or employees and if such interruption renders the demised premises untenantable for more than seven (7) consecutive Business Days ("Untenantability Period"), and will proceed diligently with during such Untenantability Period, Tenant shall not have been using or occupying the work necessary to resume such service demised premises for the conduct of its business, and Tenant shall have given Landlord notice thereof, then as promptly as possible and in a manner so as to minimize interference with Tenant's use sole remedy, fixed rent and enjoyment additional rent shall ▇▇▇▇▇ hereunder from and after the day following the expiration of such Untenantability Period until the earlier of such time as the demised premises is rendered tenantable or Tenant uses or occupies any portion of the Demised Premisesdemised premises for the conduct of its business. Neither this Lease nor any of the obligations of Tenant shall otherwise be affected or reduced by reason of such interruption, but Landlord shall not be obligated to employ overtime curtailment or premium labor thereforsuspension. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building21.05. Landlord may fix, in its own reasonable judgmentdiscretion taking into account the security of the Building, at any time and from time to time, the hours during which and the regulations under which such laundry, linen towels, drinking water, ice or other similar supplies and services to tenants in the Building are to be furnished. furnished or other deliveries (including food and beverages) are made and Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord furthermore expressly reserves the right to exclude from the Building Building, in its own reasonable discretion taking into account the security of the Building, any messenger serviceperson, firm or corporation attempting to furnish any of such supplies or services. Nothing contained herein shall be deemed to limit Tenant's rights utilizing its own employees to obtain or furnish the foregoing. It is understood, however, also understood that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises demised premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do but not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. Landlord may fix in its absolute discretion, at any time and from time to time, the hours during which, and the regulations under which, foods and beverages may be brought into the Building by persons other than the regular employees of Tenant. 21.0421.06. Tenant agrees to employ such office maintenance contractors as Landlord may from time to time designate, for all waxing, polishing, lamp replacement, cleaning and maintenance work in the demised premises, provided that the quality thereof and the charges therefor are reasonably comparable to that of other contractors. Tenant shall not employ any other contractor without Landlord's prior written consent. 21.07. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Interep National Radio Sales Inc)

SERVICES AND EQUIPMENT. 21.01. 21.1 Landlord shall:, at its cost and expense (but subject to reimbursement by Tenant pursuant to Article 4 hereof): (a) Provide provide necessary passenger elevator facilities on during Business Days from 8:00 A.M. to 6:00 P.M. Hours (as such term is defined in Article 22 hereof) and shall have at least one passenger elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Landlord shall provide freight elevator service to Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse.upon reasonable notice from Tenant; (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and maintain, keep in good order repair and repair (i) provide the air services of the Building system air-conditioning, heating and ventilating unit existing on system ("HVAC SYSTEM") installed by Landlord in accordance with the date design criteria annexed hereto as EXHIBIT E. The aforesaid systems will function when seasonably required during Business Hours. The cooling season for the purposes of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions May 15 through September 15 of this Leaseeach calendar year. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition for the ventilating conditions and/or temperature of the Demised Premises demised premises during the hours or days Landlord is not required to furnish heat, ventilation or air-conditioning pursuant to this subsection. In any event, Tenant shall keep entirely unobstructed all the vents, intakes, outlets and grilles, at all times and shall comply with and observe all regulations and requirements prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning systems including without limitation, the lowering and closing of Venetian blinds in the demised premises during daylight hours. In the event that Tenant shall require air-conditioning, heating or ventilation at such times as same are not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereoffurnished by Landlord, nor Tenant shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason give Landlord at least 24-hours advance notice of such condition of requirement, and Tenant agrees to pay the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy prevailing rate therefor as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expenseadditional rent. (dc) Provide the provide cleaning and janitorial services described on Schedule E Business Days in accordance with the specifications annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereofas EXHIBIT F; provided, however, Tenant agrees to shall pay to Landlord as additional rent upon ten (10) days notice the costs incurred by Landlord for (a) extra cleaning work in the demised premises required because of (i) misuse or neglect on the first day part of each and every month after such increase an amount equal to Tenant's Expense Share Tenant or its employees or visitors, (ii) use of portions of the monthly increase demised premises for preparation, serving or consumption of Landlord's cost food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of providing such services to interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request, and (b) removal from the Existing Buildings. Landlord shall promptly notify Tenant demised premises and the Building of so much of any such increase. refuse and rubbish of Tenant as shall employ Landlord to provide any cleaning and janitorial services exceed that 48 ordinarily accumulated daily in excess the routine of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial servicesbusiness office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises demised premises and the use (at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all Tenant's expense) of light, power and water in the Demised Premises demised premises as reasonably required to clean for the Demised Premises as required under this Section 21.01. Tenant shall comply purpose of cleaning the demised premises in accordance with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1).Landlord's obligations hereunder; and (ed) Furnish furnish hot and cold water for lavatory and drinking and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposesconsumed, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. 21.2 Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, advance of any such stoppage and, if ascertainable, and its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with the Tenant's use and enjoyment of the Demised Premises, demised premises but nothing herein shall be deemed to require Landlord shall not be obligated to employ perform the same on an overtime or premium labor thereforpay basis unless requested to do so by, and at the expense of, Tenant. 21.03. 21.3 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages, cable television beverages and other similar supplies and services to tenants and licensees in the BuildingBuilding provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Landlord may fix, in its reasonable judgmentown absolute discretion, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. ; and Landlord furthermore expressly reserves the right to exclude from the Building any messenger serviceperson, firm or corporation attempting to furnish any of said supplies or services but not so designated by Landlord. It is 49 understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises demised premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do but not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. Landlord may fix in its absolute discretion, at any time and from time to time, the hours during which, and the regulations under which, foods and beverages may be brought into the Building by regular employees of Tenant. 21.0421.4 Tenant agrees to employ such third-party office maintenance contractor as Landlord may from time to time reasonably designate, for all waxing, polishing, lamp replacement, cleaning (other than those cleaning services Landlord is obligated to furnish) and the maintenance work in the demised premises, provided that the quality thereof and the charges therefor are reasonably comparable to that of other contractors. Tenant shall not employ any other contractor without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. 21.5 Landlord will maintain a listing on the Building directory for Tenant. Landlord will provide a plaque in the mail room for any additional names Tenant wishes. Tenant may place a sign, approved by Landlord, on the entrance doors to the demised premises with Tenant's name. Other than Tenant's name, Tenant shall place no other names, plaques, signs or the like on the entrance doors to the demised premises and shall place no names, plaques, signs or the like elsewhere on the exterior of the demised premises. The listing of any name other than that of the Tenant, whether on the doors of the demised premises, on the Building directory, or otherwise, shall not operate to vest any right or interest in this Lease or in the demised premises or to be deemed to be the written consent of Landlord mentioned in Article 11 hereof, it being expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.6 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Interliant Inc)

SERVICES AND EQUIPMENT. Section 21.01. Landlord shall, at its cost and expense: (a) Provide necessary operatorless passenger elevator facilities on Business Days service Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and shall have at least one P.M., holidays excepted. A passenger elevator subject to call will be available at all other times. At A freight elevator shall be available Mondays through Fridays, holidays excepted, only from 8:00 to 6:00 P.M. The freight elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis other than on said days and hours at Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refusecustomary charges therefor. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order repair the Building standard heating, ventilating and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to conditioning system servicing the Demised Premises from locations designated (the "HVAC System") installed by Landlord 24 hours per dayLandlord, 7 days per week. except for those repairs which are the obligation of Tenant shall have the right pursuant to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges The HVAC System will be operated by Landlord as and when required by law, or for reasonably comfortable occupancy of the Demised Premises during the applicable seasons, on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant shall be responsible draw and close the draperies or blinds for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises whenever the HVAC system is in operation and the Building are sealedposition of the sun so requires and shall, at all times, cooperate fully with Landlord and that abide by all of the Rules and Regulations which Landlord reasonably may prescribe for the proper functioning of the HVAC System. Landlord agrees to operate the HVAC System servicing the Demised Premises in accordance with their design criteria. Said system is designated to be capable of manufacturing, within tolerances normal in first-class office buildings, inside space conditions averaging 78 degrees Fahrenheit dry bulbs and 50% relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or lower.Tenant expressly acknowledges that some or all windows are or may become uninhabitable be hermetically sealed and will not open and Landlord makes no representation as to the air therein may become unbreathable without such equipment or during habitability of the hours or days when Landlord Demised Premises at any time the HVAC System is not able to furnish condenser water to in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Demised PremisesPremises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Any use or Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises without such equipment by more than an average of one (1) person for each one hundred (100) square feet in any separate room or during such hours area or if Tenant shall be at install and operate machines, incandescent lighting and appliances the sole risk, responsibility and hazard total connected electrical load of Tenant, and Landlord which is in excess of six (6) ▇▇▇▇▇ per usable square foot . If Tenant shall have no responsibility or liability therefor. Such condition of occupy the Demised Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if the total connected electrical load is in excess six (6) ▇▇▇▇▇ per usable square foot, or if Tenant's partitions shall not constitute nor be deemed arranged in such a way as to be a breach interfere with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or a violation of this Lease or of any provision the ducts through which it operates required by reason thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of and the Demised Premises. Nothing contained herein cost thereof shall be deemed reimbursed by Tenant to require Landlord to furnish at Landlord's expense such electric energy , as is required to operate the air conditioning system serving the Demised Premisesadditional rent, within twenty (20) days after presentation of a ▇▇▇▇ therefor. Subject to the provisions conditions set forth in Section 15.01, Landlord, throughout the term, shall have free access to all mechanical installations of Article 4 hereof all such electric energy Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access thereto, or interfere with the moving of Landlord's equipment to and from the enclosures containing said installations. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised Premises. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be furnished to Tenant at Tenant's cost performed Saturdays, Sundays and expense.holidays, in accordance with Schedule "D" annexed hereto and made part hereof. If, however, any additional cleaning of (d) Provide the cleaning Furnish hot and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereofat Tenant's expense, and to shall pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse pay to Landlord for on demand the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (fe) Maintain the common areas If Tenant shall require and request any of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; foregoing services at times other than above provided, that all work required for Tenant to use and if such shaftway shall be subject to Landlord's request is made at least eight (8) hours prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of time when such additional services are required, Landlord will provide them and Tenant shall pay to Landlord promptly thereafter the charges therefor at the then Building standard rate charged to other tenants in Plaza III and Tenant the Building. Section 21.02. Holidays shall be solely responsible for negotiating for such right of access)deemed to mean all federal holidays, New York State holidays and Building Service Employees Union Contract holidays. 21.02Section 21.03. Landlord reserves the right without any liability whatsoeverto temporarily interrupt, curtail or abatement of Basic Annual Rent or additional rent, suspend the services required to stop the heating, air conditioning, elevator, plumbing, electric and other systems be furnished by Landlord under this Lease when necessary by reason of accident accident, emergency, mechanical breakdown or emergency when required by any law, order or regulation of any Federal, State, County or Municipal authority, or for repairsany other cause beyond the control of Landlord. Landlord shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. Tenant shall not be entitled to nor shall Tenant make claim for any diminution or abatement of minimum rent or additional rent or other compensation, alterationsnor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, replacements curtailment, suspension, work or improvementsinconvenience. Section 21.04. Notwithstanding anything to the contrary contained in this Lease, provided that except in case if through no fault of emergencyLandlord, Landlord will notify Tenant shall fail to provide elevator, heating, ventilating or air conditioning services, as provided in advancethis Lease (collectively, if possible, of any such stoppage and, if ascertainable, its estimated durationa Service "Interruption"), and will proceed diligently with such Service Interruption shall materially impair the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with customary operation of Tenant's use and enjoyment business in all or any part of the Demised PremisesPremises (other than a de minimis part), but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only and if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food such Service Interruption shall continue for a period in excess of thirty (30) consecutive days following receipt by Landlord of notice from Tenant describing such Service Interruption and (ii) such Service Interruption shall not have been caused by an act or beverages into omission in violation of this Lease by or the Building for consumption within the Demised Premises by employees or guests negligence of Tenant, or of Tenant agents, servants, employees or contractors (ii) order food or beverages for delivery from take-out or catering establishments, provided a Service Interruption that such deliveries do not materially cause elevator delays nor inconvenience the other tenants satisfied all of the Buildingforegoing conditions being referred to hereinafter as a "Material Interruption"), then Tenant shall be entitled to an abatement of the minimum rent and escalation rent payable under Article 22 (such abatement to be prorated if only a part of the Demised Premises shall be so affected by such Material Interruption),which shall begin on the 31st consecutive day of such Material Interruption and shall end upon the date such Material Interruption has been terminated. Section 21.05. No food If Tenant shall request Landlord to furnish any services in addition to those hereinabove provided or beverage may perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly thereafter the charges therefor, which charges are deemed to be brought into additional rent and payable as such. Provided Tenant is not then in default hereunder, Landlord's charges for such services shall not be greater than the Building for resale amount charged to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (TMP Worldwide Inc)

SERVICES AND EQUIPMENT. 21.01. 21.1 Landlord shall:, at its cost and expense (but subject to reimbursement by Tenant pursuant to Article 4 hereof): (a) Provide provide necessary passenger elevator facilities on during Business Days from 8:00 A.M. to 6:00 P.M. Hours (as such term is defined in Article 22 hereof) and shall have at least one passenger elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Landlord shall provide freight elevator service to Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse.upon reasonable notice from Tenant; (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and maintain, keep in good order repair and repair (i) provide the air services of the Building system air-conditioning, heating and ventilating unit existing on system ("HVAC SYSTEM") installed by Landlord in accordance with the date design criteria annexed hereto as EXHIBIT E. The aforesaid systems will function when seasonably required during Business Hours. The cooling season for the purposes of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions May 15 through September 15 of this Leaseeach calendar year. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition for the ventilating conditions and/or temperature of the Demised Premises demised premises during the hours or days Landlord is not required to furnish heat, ventilation or air-conditioning pursuant to this subsection. In any event, Tenant shall keep entirely unobstructed all the vents, intakes, outlets and grilles, at all times and shall comply with and observe all regulations and requirements prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning systems including without limitation, the lowering and closing of Venetian blinds in the demised premises during daylight hours. In the event that Tenant shall require air-conditioning, heating or ventilation at such times as same are not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereoffurnished by Landlord, nor Tenant shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason give Landlord at least 24-hours advance notice of such condition of requirement, and Tenant agrees to pay the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy prevailing rate therefor as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expenseadditional rent. (dc) Provide the provide cleaning and janitorial services described on Schedule E Business Days in accordance with the specifications annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereofas EXHIBIT F; provided, however, Tenant agrees to shall pay to Landlord as additional rent upon ten (10) days notice the costs incurred by Landlord for (a) extra cleaning work in the demised premises required because of (i) misuse or neglect on the first day part of each and every month after such increase an amount equal to Tenant's Expense Share Tenant or its employees or visitors, (ii) use of portions of the monthly increase demised premises for preparation, serving or consumption of Landlord's cost food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of providing such services to interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request, and (b) removal from the Existing Buildings. Landlord shall promptly notify Tenant demised premises and the Building of so much 49 of any such increase. refuse and rubbish of Tenant as shall employ Landlord to provide any cleaning and janitorial services exceed that ordinarily accumulated daily in excess the routine of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial servicesbusiness office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises demised premises and the use (at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all Tenant's expense) of light, power and water in the Demised Premises demised premises as reasonably required to clean for the Demised Premises as required under this Section 21.01. Tenant shall comply purpose of cleaning the demised premises in accordance with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1).Landlord's obligations hereunder; and (ed) Furnish furnish hot and cold water for lavatory and drinking and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposesconsumed, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. 21.2 Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, advance of any such stoppage and, if ascertainable, and its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with the Tenant's use and enjoyment of the Demised Premises, demised premises but nothing herein shall be deemed to require Landlord shall not be obligated to employ perform the same on an overtime or premium labor thereforpay basis unless requested to do so by, and at the expense of, Tenant. 21.03. 21.3 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages, cable television beverages and other similar supplies and services to tenants and licensees in the BuildingBuilding provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Landlord may fix, in its reasonable judgmentown absolute discretion, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. ; and Landlord furthermore expressly reserves the right to exclude from the Building any messenger serviceperson, firm or corporation attempting to furnish any of said 50 supplies or services but not so designated by Landlord. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises demised premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do but not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. Landlord may fix in its absolute discretion, at any time and from time to time, the hours during which, and the regulations under which, foods and beverages may be brought into the Building by regular employees of Tenant. 21.0421.4 Tenant agrees to employ such third-party office maintenance contractor as Landlord may from time to time reasonably designate, for all waxing, polishing, lamp replacement, cleaning (other than those cleaning services Landlord is obligated to furnish) and the maintenance work in the demised premises, provided that the quality thereof and the charges therefor are reasonably comparable to that of other contractors. Tenant shall not employ any other contractor without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. 21.5 Landlord will maintain a listing on the Building directory for Tenant. Landlord will provide a plaque in the mail room for any additional names Tenant wishes. Tenant may place a sign, approved by Landlord, on the entrance doors to the demised premises with Tenant's name. Other than Tenant's name, Tenant shall place no other names, plaques, signs or the like on the entrance doors to the demised premises and shall place no names, plaques, signs or the like elsewhere on the exterior of the demised premises. The listing of any name other than that of the Tenant, whether on the doors of the demised premises, on the Building directory, or otherwise, shall not operate to vest any right or interest in this Lease or in the demised premises or to be deemed to be the written consent of Landlord mentioned in Article 11 hereof, it being expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.6 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Interliant Inc)

SERVICES AND EQUIPMENT. 21.01Section 28.1. Landlord shall, at Landlord's expense: (aA) Provide necessary passenger elevator facilities service to the Premises on Business Days from 8:00 A.M. during Operating Hours and, subject to 6:00 P.M. and shall Section 28.3, have at least one elevator subject to on call at all other times. At Landlord's optionTenant agrees that Landlord may, at its election, install elevators with or without operators and may change the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refusesame from time to time. (bB) Provide one (1) freight elevator service serving the Premises on call on a "first come, first served" basis on Business Days during Operating Hours, and on a reservation, "first come, first served" basis from 9:00 A.M. 6:00 p.m. to 12:00 Noon 8:00 a.m. on Business Days and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located any time on the ground floor or at such days other locations as Landlord may from time to time designatethan Business Days. (cC) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether HVAC System installed by Landlord or Tenant)Landlord, including, without limitation, systems that except for those repairs which are installed the obligation of Tenant pursuant to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, Article 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges The HVAC System will be operated by Landlord as and when required by law, or for the comfortable occupancy of the Premises (as reasonably determined by Landlord) during the applicable seasons on Business Days during Operating Hours, and, upon the request of Tenant, at other hours at Landlord's customary charge therefor; provided that Tenant shall be responsible draw and close the draperies or blinds for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises whenever the HVAC System is in operation and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy position of the Demised sun shall cause the Premises without such equipment or during such hours shall to be uncomfortably warm and shall, at the sole riskall times, responsibility cooperate fully with Landlord and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition abide by all of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim Rules and Regulations which Landlord may prescribe for any damages or compensation by reason of such condition the proper functioning of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.HVAC

Appears in 1 contract

Sources: Lease Agreement (Ampex Corp /De/)

SERVICES AND EQUIPMENT. 21.01. Section 28.1 Landlord shall, at Landlord’s expense: (aA) Provide necessary passenger elevator facilities service to the Premises on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator during Operating Hours and, subject to Section 28.3, have two passenger elevators on call at all other times. At Landlord's optionTenant agrees that Landlord may, at its election, install elevators with or without operators and may change the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may same from time to time designate. (c) Maintain and keep in good order and repair (i) as long as, subject to Section 28.3, Landlord does not reduce the air conditioning, heating and ventilating unit existing number of passenger elevators serving the Premises on the date of this Lease or reduce the number of passenger elevators on call during other than Operating Hours below two passenger elevators. (B) Provide one (1) freight elevator serving the Premises on call on a “first come, first served” basis on Business Days from 8:00 a.m. to 5:00 p.m., and on a reservation, “first come, first served” basis from 5:00 p.m. to 8:00 a.m. on Business Days and at any time on days other than Business Days. (C) Furnish and distribute air-conditioning to the Premises, through the HVAC System, during Operating Hours and on Saturdays from 8:00 a.m. to 1:00 p.m., air-conditioning as needed to conform with Schedule O, and heat and/or ventilation as needed to conform with Schedule O from October 15 through April 30. Tenant shall pay Landlord for such Saturday service at the rates set forth in Schedule Q attached hereto. Landlord, at Tenant’s expense, shall construct a new mechanical equipment room on the Fourth Floor Space and (ii) fourth floor of the other base building structural systems Premises simultaneously with the performance of the work described in accordance with Section 7.01; it being understood that 38.1(H). Tenant shall reimburse Landlord for Landlord’s actual out-of-pocket costs in no event shall Landlord be responsible performing such work. In addition, specifications for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether doors to all mechanical equipment rooms to be installed by Landlord or Tenant), including, without limitation, systems that are installed annexed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per weekthis Lease as Schedule O-1. Tenant shall have draw and close the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible draperies or blinds for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises whenever the ventilation or air-conditioning system is in operation and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy position of the Demised Premises without such equipment or during such hours shall be sun so requires and shall, at the sole riskall times, responsibility reasonably cooperate with Landlord and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition abide by all of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim Rules and Regulations which Landlord may prescribe for any damages or compensation by reason of such condition the proper functioning of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised PremisesHVAC System. Subject to the provisions of this Section 28.1(C), the HVAC System shall perform in accordance with the specifications set forth in Schedule O annexed to this Lease. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the HVAC System is not in operation. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Premises by more than an average of one person for each 100 square feet of usable area or if Tenant uses in excess of six (6) ▇▇▇▇▇ connected load of electricity per rentable square foot. Landlord, throughout the Term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, heating equipment, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct or place partitions, furniture or other obstructions that may interfere with Landlord’s access thereto on the terms and conditions contained in Article 4 hereof all such electric energy 16 or the proper functioning of Building Systems, or interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations. Landlord shall not be furnished in violation of this Section 28.1(C) if the hours during which Landlord may supply HVAC to Tenant at Tenant's cost and expensethe Premises are limited or restricted by Laws applicable to Landlord or the Building. (dD) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services Furnish cold water through a water riser to the Existing Buildings shall increase after the date hereofPremises for ordinary drinking, Tenant agrees to pay to Landlord as additional rent on the first day of each cleaning, pantry and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildingslavatory purposes. Landlord shall promptly notify Tenant also provide hot water to service the core restrooms on each floor of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. the Premises through independent hot water heaters installed by Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may Tenant shall install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of cost to maintain said meter equipment and/or to pay Landlord's ’s cost of other means of measuring such water consumption by Tenant. In such event, Tenant shall reimburse Landlord for the cost Landlord’s out-of-pocket cost, plus 4%, of all water consumed in excess (including costs of that estimated to be consumed for lavatory, drinking and office cleaning purposes, generating hot water) as measured by said meter or meters or as otherwise measured, including sewer rents, as Additional Rent within thirty (30) days after bills are rendered. (fE) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Provided Tenant shall be solely responsible for negotiating for such right of access). 21.02. Landlord reserves keep the right without any liability whatsoeverPremises in order, or abatement of Basic Annual Rent or additional rentLandlord, to stop at Landlord’s expense, shall cause the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated durationPremises, and will proceed diligently with excluding any portions thereof used as security areas or used for the work necessary to resume such storage, preparation, service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment or consumption of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television to be cleaned on Business Days in accordance with the cleaning specifications annexed to this Lease as Schedule D. If, however, any additional cleaning of the Premises is to be done by Tenant, it shall be done at Tenant’s sole expense, and no one other similar supplies than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant shall either contract directly with the cleaning contractor for the Building or Tenant shall pay to Landlord the commercially reasonable cost of removal of any of Tenant’s refuse and services rubbish from the Premises and the Building (i) to tenants the extent that the same, in any one day, exceeds the average daily amount of refuse and licensees rubbish usually attendant upon the use of such Premises as offices, as described and included in Landlord’s cleaning contract for the Building and (ii) related to or deriving from the preparation or consumption of food or drink. Bills for the same shall be rendered by Landlord to Tenant monthly and shall be due and payable as Additional Rent within thirty (30) days after the time rendered. Tenant shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. If Landlord shall have implemented a Building wide extermination program, or is using the Building cleaning contractor to perform extermination service in the Building, Tenant shall use such contractor (provided its rates are commercially reasonable) and shall not permit any other person to enter the Premises or the Building for the purpose of providing such extermination services. Landlord may fixIf so requested by Landlord, in its reasonable judgmentTenant, at Tenant’s expense, shall store any time and from time to time, refuse generated by the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier consumption of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages on the Premises in a cold box or by similar facility. (F) If any person, firm or corporation engaged sprinkler system installed in the business Building or any of purveying its appurtenances are damaged or injured or not in proper working order by reason of any act or omission of Tenant or of Persons Within Tenant’s Control, Tenant shall forthwith restore the same to good working condition at Tenant’s expense; and if the New York Board of Fire Underwriters or the New York Insurance Rating Organization or any Government Authority requires or recommends that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of Tenant’s business, or the location of the partitions, trade fixtures, or other contents of the Premises, Tenant shall, at Tenant’s expense, promptly make and supply such food changes, modifications, alterations, additional sprinkler heads or beveragesother equipment (pursuant to submission of necessary engineering plans and specifications for Landlord’s approval). (G) Subject to the Rules and Regulations, may on an occasional or incidental basis Tenant (iand its employees, permitted subtenants and occupants, and invitees) personally bring food or beverages into shall have access to the Premises 24 hours per day seven (7) days per week. (H) Furnish and distribute to the Building for consumption within lobbies presently known as the Demised Premises by employees 355 Lobby (hereinafter defined) and the 345 Lobby, through the HVAC System during Operating Hours, air-conditioning from May 1 through October 14 and heat or guests of Tenant, or ventilation (iias needed) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience October 15 through April 30. The “345 Lobby” shall mean the other tenants ground floor lobby of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenantat ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Digitas Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the terms, covenants and conditions of this Lease, Landlord shall, at its cost and expense: (a) Provide necessary operatorless passenger elevator facilities service to the Demised Premises on Business Days Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and shall have at least one P.M., holidays excepted. A passenger elevator subject to call will be available at all other timestimes to serve the Demised Premises. At A freight elevator shall be available Mondays through Fridays, only from 8:00 A.M. to 5:00 P.M., excepting Saturdays, Sundays and holidays. The freight elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis other than on said days and hours at Landlord's option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refusecustomary charges therefor. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order repair the Building standard heating, ventilating and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to conditioning system servicing the Demised Premises from locations designated (the "HVAC System") installed by Landlord 24 hours per dayLandlord, 7 days per week. except for those repairs which are the obligation of Tenant shall have the right pursuant to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall The HVAC System will be responsible operated by Landlord as and when required by law, or for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the comfortable occupancy of the Demised Premises (other than as reasonably determined by Landlord) during the existing 4th floor unit). Landlord has informed applicable seasons on Mondays through Fridays, from 8:00 A.M. to 8:00 P.M.; excepting Saturdays, Sundays and holidays, provided that Tenant that shall draw and close the draperies or blinds for the windows of the Demised Premises whenever the HVAC system is in operation and the Building are sealedposition of the sun so requires and shall, at all times, cooperate fully with Landlord and abide by all of the reasonable Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC System. In the event that Tenant requires HVAC service outside of the aforementioned days and times, Landlord may charge Tenant at the initial rate of $400.00 per hour for such off-hour service, as increased from time to time by Landlord. Landlord agrees to operate the HVAC System servicing the Demised Premises may become uninhabitable and the air therein may become unbreathable without in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced service in accordance therewith. Tenant expressly acknowledges that some or during all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the hours or days when Landlord habitability of the Demised Premises at any time the HVAC System is not able to furnish condenser water to in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Demised PremisesPremises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Any use or Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises without by more than an average of one (1) person for each one hundred (100) square feet in any separate room or area or if Tenant shall install and operate machines, incandescent lighting and appliances with a total connected electrical load in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers. If Tenant shall occupy the Demised Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if the total connected electrical load is in excess of the Building's electrical specifications, as reasonably determined by Landlord's consulting engineers, or if Tenant's partitions shall be arranged by Tenant in such equipment a way as to interfere with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts through which it operates required by reason thereof, and the cost thereof shall be reimbursed by Tenant to Landlord, as additional rent, within twenty (20) days after presentation of a ▇▇▇▇ therefor. Landlord, throughout the term, upon reasonable prior notice, and during such business hours shall be at the sole riskhave free access to all mechanical installations of Landlord, responsibility including but not limited to air-cooling, fan, ventilating and hazard of Tenantmachine rooms and electrical closets, and Landlord Tenant shall have not construct partitions or other obstructions that may interfere with Landlord's free access thereto, or interfere with the moving of Landlord's equipment to and from the enclosures containing said installations. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised Premises. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no responsibility or liability thereforservices shall be performed Saturdays, Sundays and holidays, all in accordance with Schedule D attached hereto. Such condition If, however, any additional cleaning of the Demised Premises shall not constitute nor be deemed is to be done by Tenant, it shall be done at Tenant's sole expense, in a breach manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Demised Premises or a violation of this Lease the Building for such purpose. Tenant, at its own cost, may utilize its own employees or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled outside contractors to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of perform additional cleaning services in the Demised Premises, provided such employees or outside contractors do not cause any labor disruption, dispute or disturbance in or around the Building or violate Landlord’s union contracts affecting the Building. Nothing contained herein If Tenant shall be deemed require additional cleaning services, Tenant may award a contract for such services to require any contractor that is approved by Landlord; provided, however, that prior to making such award, Tenant shall inform Landlord of the terms upon which such contractor shall provide such additional cleaning services and, in the event that Landlord’s designated contractor can provide such additional cleaning services on equal or better terms, Tenant shall award such contract to furnish at Landlord's expense ’s designated contractor. Tenant shall pay for the cost of the services performed by such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expensedesignated contractor within ten (10) days after being billed. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water in excess of the amounts ordinarily required for any other such purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to shall reimburse Landlord for the cost of the meter or meters and the installation thereof, and to shall pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse pay to Landlord for on demand the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (fe) Maintain the common areas If Tenant shall require and request any of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; foregoing services at times other than above provided, that all work required for and if such request is made at least twenty-four (24) hours prior to the time when such additional services are required, Landlord will provide them and Tenant shall pay to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and Landlord promptly the other applicable provisions charges therefore following receipt of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use an invoice by Tenant (Tenant hereby acknowledging that in order at the then Building standard rate charged to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant the Building, or such other rate as may be specified in this Lease. Section 21.02. Holidays shall be solely responsible for negotiating for such right of access)deemed to mean all federal holidays, state holidays and Building Service Employees Union Contract holidays. 21.02Section 21.03. Landlord reserves the right without any liability whatsoeverto interrupt, curtail or abatement of Basic Annual Rent or additional rent, suspend the services required to stop the heating, air conditioning, elevator, plumbing, electric and other systems be furnished by Landlord under this Lease when necessary by reason of accident accident, emergency, mechanical breakdown or emergency when required by any law, order or regulation of any Federal, State, County or Municipal authority, or for repairsany other cause beyond the control of Landlord. Landlord shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. Tenant shall not be entitled to nor shall Tenant make claim for any diminution or abatement of minimum rent or additional rent or other compensation, alterationsnor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, replacements curtailment, suspension, work or improvementsinconvenience. Section 21.04. Tenant shall reimburse Landlord promptly for the actual out-of-pocket cost to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant not covered by the Cleaning Specifications and Tenant shall pay all bills therefor when rendered. Section 21.05. If Tenant shall request Landlord to furnish any services in addition to those hereinabove provided or perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly in advance the charges therefor, which charges are deemed to be additional rent and payable as such. Subject to Section 5.01, Tenant will have the right to perform Alterations in the Demised Premises by contractors selected by Tenant and approved by Landlord. Section 21.06. Tenant shall have the right to one (1) sign in the elevator lobby and up to ten (10) listings on the Building directory located in the lobby of the Building. Section 21.07. If Landlord shall have failed to provide elevator, heating or air conditioning services, as provided in this Article (the "Interruption"), and the Interruption shall have (i) prevented the operation of Tenant's business in the Demised Premises, and (ii) continued for a period in excess of thirty (30) consecutive days following receipt by Landlord of notice from Tenant describing in detail the Interruption (the Interruption that has satisfied both of the foregoing conditions being referred to hereinafter as a "Material Interruption"), then Tenant shall be entitled to an abatement of the minimum rent only, provided that except in case Tenant shall not have used all or any part of emergencythe Demised Premises. Any such minimum rent abatement shall begin on the thirty first (31st) consecutive day of such Material Interruption and shall end upon the date such Material Interruption has ended. Notwithstanding the foregoing, Landlord will notify Tenant in advance, if possible, of shall not be entitled to any such stoppage and, rent abatement if ascertainable, its estimated duration, and will proceed diligently with the work necessary (i) Tenant was able to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment any part of the Demised Premises, but Landlord (ii) the Interruption shall not be obligated to employ overtime have been caused by an act or premium labor therefor. 21.03. It is expressly agreed that only Landlord omission in violation of this Lease by or any one the negligence of Tenant, or more personsof Tenant agents, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such personservants, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenantcontractors, or (ii) order food the Interruption arises from or beverages for delivery from take-out or catering establishmentsrelates to any unavoidable delays, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by including any other tenantmatter beyond Landlord’s reasonable control. 21.04. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Jesup & Lamont, Inc.)

SERVICES AND EQUIPMENT. 21.01. 21.01 So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall, at its cost and expenses: (a) Provide necessary passenger elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have at least one elevator subject to call at all other times. At Landlord's ’s option, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Provide freight elevator service Landlord shall furnish heat and air-conditioning through the Building systems when seasonably required on Business Days Days, from 9:00 8:00 A.M. to 12:00 Noon and 12:30 6:00 P.M. to 5:00 P.M. All deliveries to in accordance with the specification annexed hereto as Schedule D. Tenant shall in any event cause all of the windows in the demised premises to be made kept closed and shall cause and keep entirely unobstructed all the vents, intakes, outlets and grilles, at freight docks located on all times and shall comply with and observe all regulations and requirement prescribed by Landlord for the ground floor proper functioning of the heating, ventilating and air-conditioning systems. In the event that Tenant shall require air-conditioning, or heating at such other locations times as same are not furnished by Landlord, Tenant agrees to pay the Landlord’s charges therefor as additional rent. As of the date of this Lease, Landlord established charges for after-hours air-conditioning service and for after-hours heat service are set forth on Schedule E hereto. The foregoing cost may be increased from time to time designateby Landlord in proportion, in Landlord’s reasonable judgment, to increases in such charges generally by other landlords of first-class office buildings in the same general area of Manhattan, but in no event less than the rate of increase in Landlord’s cost in providing such service. To the extent that any such service is requested by more than one tenant in the same zone as Tenant for periods of time that overlap or coincide with those requested by Tenant, Landlord shall prorate Tenant’s charge therefor on an equitable basis. (c) Maintain and keep in good order and repair (i) the air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilation and air conditioning equipment in the Demised Premises (other than the existing 4th floor unit). Landlord has informed Tenant that the windows of the Demised Premises and the Building are sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense. (d) Provide the cleaning and janitorial services described on Schedule E Business Days in accordance with the cleaning specifications annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings as Schedule F. Tenant shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on demand the actual costs incurred by Landlord for (a) extra cleaning work in the demised premises required because of (i) misuse or neglect on the first day part of each and every month after such increase an amount equal to Tenant's Expense Share Tenant or its employees or visitors, (ii) use of portions of the monthly increase demised premises for preparation, serving or consumption of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services food or beverages, data processing, or reproducing operations in excess of those specified customarily incident to typical executive office use, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas (iii) unusual quantity of interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request and (b) removal from the demised premises and the Building of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial servicesthe routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have After Hours access to the Demised Premises at all times after 5:30 P.M. demised premises and before 8:00 A.M. and shall have the right to use, without charge therefor, all free use of light, power and water in the Demised Premises demised premises as reasonably required to clean for the Demised Premises as required under this Section 21.01. Tenant shall comply purpose of cleaning the demised premises in accordance with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1)Landlord’s obligations hereunder. (ed) Furnish hot and cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's ’s cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposesconsumed, as measured by said meter or meters or as otherwise measured, including sewer rents. (f) Maintain the common areas of the Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the premises of other tenants in Plaza III and Tenant shall be solely responsible for negotiating for such right of access). 21.02. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent fixed annual rent, or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements. Notwithstanding anything contained herein to the contrary, in the event that the demised premises shall be rendered untenantable for a period of thirty (30) consecutive days after notice by Tenant to Landlord by reason of Landlord’s failure to provide any service which it is obligated under this Lease to provide as a result of the stoppage of any of the systems mentioned in this Section 21.02, for any reason other than accident, emergency or force majeure, as contemplated by Section 34.01 hereof, and provided that except in case throughout such period of emergencyuntenantability Tenant actually discontinues use of the entire demised premises for the conduct of its business, then unless such failure by Landlord will notify Tenant in advanceto provide such service is caused by the negligence or intentional or wrongful act or omission of Tenant, if possibleits agents, employees, contractors or invitees, the fixed annual rent and additional rent payable pursuant to Article 3 hereof shall ▇▇▇▇▇ beginning on the day following the expiration of such thirty (30) day period and continuing for the remainder of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume period of untenantability for until such service earlier date as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment Tenant resumes occupancy of any portion of the Demised Premises, but Landlord shall not be obligated to employ overtime or premium labor therefordemised premises for the conduct of business. 21.03. It is expressly agreed that only 21.03 Landlord or any may prohibit one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such personfrom furnishing laundry, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundrylinen towels, drinking water, ice, food or beverages, cable television and beverages or other similar supplies and services to tenants and licensees in the BuildingBuilding for security reasons or other reasonable causes. Landlord may fix, in its commercially reasonable judgmentdiscretion, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages or by any person, firm or corporation engaged in the business of purveying such food or beverages, may on an occasional or incidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises demised premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do but not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. Landlord may fix in its commercially reasonable discretion, at any time from time to time, the hours during which, and the regulations under which, foods and beverages may be brought into the Building by persons other than the regular employees of Tenant. 21.0421.04 Tenant agrees to employ such office maintenance contractors as Landlord may from time to time designate, for all waxing, polishing, lamp replacement, cleaning and maintenance work in the demised premises, provided that the quality thereof and the charges therefor are reasonably comparable to that of other contractors. Tenant shall not employ any other contractor without Landlord’s prior written consent. 21.05 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Varonis Systems Inc)

SERVICES AND EQUIPMENT. 21.01Section 28.1. Landlord shall, at Landlord’s expense: (aA) Provide necessary passenger elevator facilities service to the Premises on Business Days from 8:00 A.M. during Operating Hours and, subject to 6:00 P.M. and shall Section 28.3, have at least one elevator subject to on call at all other times. At Tenant agrees that Landlord may, at its election, install elevators with or without operators and may change the same from time to time. (B) Provide one (1) freight elevator serving the Premises on call on a “first come, first served” basis on Business Days during Operating Hours, and on a reservation, “first come, first served” basis from 6:00 p.m. to 8:00 a.m. on Business Days and at any time on days other than Business Days. (C) Maintain and repair the HVAC System installed by Landlord's option, except for those repairs which are the elevators shall obligation of Tenant pursuant to Article 7 of this Lease. The HVAC System will be operated by automatic control or Landlord as and when required by manual controllaw, or by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation comfortable occupancy of its employees and invitees and not for freight handling, the delivery of packages requiring hand trucks or other similar items or Premises (as reasonably determined by Landlord) during the removal of refuse. (b) Provide freight elevator service applicable seasons on Business Days during Operating Hours, and, upon the request of Tenant, at other hours at Landlord’s customary charge therefor; provided that Tenant shall draw and close the draperies or blinds for the windows of the Premises whenever the HVAC System is in operation and the position of the sun shall cause the Premises to be uncomfortably warm and shall, at all times, cooperate fully with Landlord and abide by all of the Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC System. The on-floor portion of the HVAC System will be controlled by landlord, except for the thermostatic controls within the Premises. Tenant agrees to maintain the thermostatic controls within the Premises set within the range of settings mandated by any Requirements for temperature or energy related matters. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 28.3, but nothing contained in this sentence shall relieve Landlord from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries any liability to Tenant shall be made at freight docks located on resulting from the ground floor wilful misconduct or at such other locations as negligence of Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the air conditioningor its employees, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall contractors or agents. Landlord will not be responsible for the maintenance failure of the HVAC System if such failure results from the occupancy of the Premises by more than an average of one person for each one hundred (100) square feet in any separate room or repair area or if Tenant shall install and operate machines, incandescent lighting and appliances the total connected electrical load in excess of any other air conditioningthe Building’s electrical specifications, heating as determined by Landlord’s consulting engineers. If Tenant shall occupy the Premises at an occupancy rate of greater than that for which the HVAC System was designed, or ventilating systems (on portions thereof) (whether installed if the total connected electrical load is in excess of the Building’s electrical specifications, as determined by Landlord’s consulting engineers, or if Tenant’s partitions shall be arranged in such a way as to interfere with the normal operation of the HVAC System, Landlord or Tenant), including, without limitation, systems that are installed may elect to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water make changes to the Demised Premises from locations designated HVAC System or the ducts through which it operates required by Landlord 24 hours per dayreason thereof, 7 and the reasonable cost thereof shall be reimbursed by Tenant to Landlord, as Additional Rent, within 20 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the ▇▇▇ ▇after presentation of a ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇; providedtherefor. Landlord, that throughout the performance Term, shall have free access to all mechanical installations of such work shall be performed in accordance with Article 6 Landlord, including but not limited to air-cooling, fan, ventilating and all other applicable provisions of this Lease. Tenant acknowledges that machine rooms and electrical closets, and Tenant shall be responsible for installingnot construct partitions or other obstructions that may interfere with Landlord’s free access thereto, or interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant nor Persons Within Tenant’s Control shall at its sole cost and expenseany time enter the said enclosures or tamper with, heatingadjust, ventilation and air conditioning equipment touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the Demised Premises thermostatic controls within the Premises. Without in any way limiting anything set forth in this subparagraph (other than the existing 4th floor unitC). , within a reasonable time after Tenant’s request, Landlord has informed shall give Tenant that the windows written notice of the Demised Premises and the Building are sealedBuilding’s electrical specifications, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable without such equipment or during the hours or days when Landlord is not able to furnish condenser water to the Demised Premises. Any use or occupancy of the Demised Premises without such equipment or during such hours shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation as determined by reason of such condition of the Demised Premises. Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's cost and expense’s consulting engineers. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (eD) Furnish hot and cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may Tenant shall install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's ’s out-of-pocket cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed in excess (including costs of that estimated to be consumed for lavatory, drinking and office cleaning purposes, generating hot water) as measured by said meter or meters or as otherwise measured, including sewer rents, as Additional Rent within 20 days after bills are rendered. (fE) Maintain Provided Tenant shall keep the common Premises in order, Landlord, at Landlord’s expense, shall cause the Premises, excluding any portions thereof used as security areas or used for the storage, preparation, service or consumption of food or beverages, to be cleaned on Business Days in accordance with the cleaning specifications annexed to this Lease as Schedule C. Tenant shall pay to Landlord as Additional Rent on demand Landlord’s extra charges, actually paid by Landlord to Landlord’s cleaning contractor for the Building, for cleaning work in the Premises or the Building required because of (i) misuse or neglect on the part of Tenant or its agents, employees, contractors, licensees or invitees, (ii) use of portions of the Complex Premises for the storage, preparation, service, or consumption of food or beverages, reproduction, data processing or computer operations, private lavatories or toilets or other special purposes, (iii) any glass surfaces other than exterior Building windows and other glass surfaces required to be cleaned pursuant to Schedule C, (iv) non-Building standard materials or finishes installed by Tenant or at its request, (v) increase in good order frequency or scope of any of the items set forth in Schedule C requested by Tenant, and repair. (gvi) Permit the use of the Premises by Tenant after hours. If, however, any additional cleaning of the Premises is to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; providedbe done by Tenant, that all work required for Tenant to use such shaftway it shall be subject done at Tenant’s sole expense, in a manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant shall pay to Landlord as Additional Rent the cost of removal of any of Tenant’s refuse and rubbish from the Premises and the Building (x) to the extent that the same, in any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Premises as offices, as described and included in Landlord’s cleaning contract for the Building or recommended by Landlord’s cleaning contractor, and (y) to the extent Landlord shall incur extra charges to Landlord's prior approval ’s cleaning contractor for the Building related to or deriving from the preparation or consumption of food or drink. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be performed due and payable as Additional Rent within 20 days after the time rendered. Tenant, at Tenant's expense in accordance with this Article 6 and ’s expense, shall cause the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such shaft space for such use by Tenant (Tenant hereby acknowledging that in order Premises to obtain access to such shaft space Tenant will require access be exterminated on a monthly basis to the premises satisfaction of other tenants in Plaza III Landlord and Tenant additionally shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be solely responsible for negotiating for such right of access). 21.02. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and cleaned daily in a manner so as reasonably satisfactory to minimize interference with Tenant's use Landlord, and enjoyment to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of the Demised Premises, but Landlord any infestation. Tenant shall not be obligated permit any person to employ overtime enter the Premises or premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more personsthe Building for the purpose of providing such extermination services, firms or corporations authorized in writing unless such persons have been approved by Landlord (which authorization approval shall not be granted only if the employment of such personunreasonably withheld). If so requested by Landlord, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgmentTenant, at Tenant’s expense, shall store any time and from time to time, refuse generated by the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier consumption of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any supplier of such food or beverages on the Premises in a cold box or by any person, firm or corporation engaged similar facility. (F) If the “sprinkler system” installed in the business Building or any of purveying its appurtenances are damaged or injured or not in proper working order by reason of any act or omission of Tenant or of Persons Within Tenant’s Control, Tenant shall forthwith restore the same to good working condition at Tenant’s expense; and if the New York Board of Fire Underwriters or the New York Insurance Rating Organization or any Government Authority requires or recommends that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of Tenant’s business, or the location of the partitions, trade fixtures, or other contents of the Premises, Landlord shall, at Tenant’s expense, promptly make and supply such food changes, modifications, alterations, additional sprinkler heads or beveragesother equipment (pursuant to submission of necessary engineering plans and specifications for Landlord’s approval). Section 28.2. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any necessary freight elevator facilities or HVAC to the Premises during periods (“Overtime Periods”) other than on Business Days during Operating Hours. Accordingly, may on an occasional if Landlord furnishes any such freight elevator facilities or incidental basis HVAC to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord Additional Rent for such services at the standard rates then fixed by Landlord for the Building or if no such rates are then fixed, at comparable rates then being charged by first-class office buildings in the Borough of Manhattan, the City and State of New York. Notwithstanding the foregoing, there shall be no charge to Tenant for up to four hours (iin the aggregate) personally bring food or beverages of use of freight elevator facilities during Overtime Periods in connection with Tenant’s initial move into the Building Premises for consumption within the Demised Premises by employees or guests conduct of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other tenant. 21.04its business therein. Landlord will shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance notice from Tenant requesting such services, which notice must be given prior to 2:30 p.m. on the Business Day upon which such services are needed by Tenant or if such services are needed on a day other servicesthan a Business Day, such notice must be given prior to 2:30 p.m. on the Business Day immediately preceding the day upon which such services are needed. If Tenant shall fail to give Landlord such advance notice, then Landlord shall have no liability whatsoever to Tenant, for any annoyance or inconvenience, or any injury from interruption of Tenant’s business or otherwise, for so failing to furnish any such services during such Overtime Periods. Any such failure, whether or not notice shall have been given, and whether or not in Overtime Periods, shall not, in any event, constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of its obligations under this Lease, except as otherwise provided in Section 28.3 (B). Section 28.3. (A) Landlord reserves the right to stop the furnishing of the Building services and to stop service of the Building Systems, when (and only for so long as it shall be) :necessary, by reason of accident, or emergency, or for Alterations in the judgment of Landlord desirable or necessary to be made, until said Alterations shall have been completed; and Landlord shall have no responsibility or liability for failure to supply air-conditioning, ventilation, heat, elevator, plumbing, electric, or other services during said period or when prevented from so doing by strikes, lockouts, difficulty of obtaining materials, accidents or by any cause beyond Landlord’s reasonable control, or by Requirements or failure of electricity, water, steam, coal, oil or other suitable fuel or power supply, or inability by exercise of reasonable diligence to obtain electricity, water, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall this LeaseLease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspension, nor shall the same constitute an actual or constructive eviction. Nothing contained in this Section 28.3 shall relieve Landlord from liability to Tenant resulting from the wilful misconduct or negligence of Landlord or its employees, contractors or agents.

Appears in 1 contract

Sources: Lease Agreement (Ampex Corp /De/)