Common use of SERVICES AND EQUIPMENT Clause in Contracts

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 elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain and keep in good order and repair the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on Business Days, and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 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. 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees to Landlord 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 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right 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 law, 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 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.

Appears in 2 contracts

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

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SERVICES AND EQUIPMENT. Section 21.0128.1. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall, at its cost and expense: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. during Operating Hours and, subject to 6:00 P.M. and shall Section 28.3, have sufficient elevators available 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 have same from time to time. (B) Provide non-exclusive access to the Demised Building’s freight elevator(s) serving the Premises twenty-(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 6:00 p.m. to 8:00 a.m. on Business Days and at any time on days other than Business Days (such periods, hereinafter “Overtime Periods”), with a minimum block of four (244) consecutive hours to be reserved during such Overtime Periods (to 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 payable to Landlord as Additional Rent. Notwithstanding the foregoing, provided Tenant has scheduled such use with Landlord, Tenant may use a dayfreight elevator during Overtime Periods for Tenant’s initial move into the Premises, seven (7) days per weekand Landlord will waive the first $4,000 in such freight elevator charges. Such use may occur during the term of the Sublease. (bC) Maintain and keep in good order and repair Provide non-exclusive access to the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required Building’s loading docks on a “first come, first served” basis on Business DaysDays during Operating Hours without additional charge; and 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 shall be effective from 8:00 A.M. heat or ventilation (as needed) to 6:00 P.M. Landlord shall have no responsibility or liability for heat the ventilating conditions and/or temperature of the Demised Premises during the hours cold season; provided that Tenant shall draw and close the draperies or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy blinds for the windows of the Demised Premises during whenever the hours ventilation or days Landlord air-conditioning system is not so required to furnish heat to in operation and the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 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 position of the Demised Premises. It is Landlord's recommendation that Tenant cause sun so requires and shall, at all times, reasonably cooperate with Landlord and abide by 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 the sole responsibility of Tenant to cure (at Tenant's sole cost Rules 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 Regulations which Landlord may reasonably prescribe for the proper functioning of the heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to HVAC System. The design of the Demised Premises by way of an existing air-cooled package type air-conditioning unit equipment referred to in Article 38 of this Lease 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 XX Xxxxxx: 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 "A/C Unit")habitability of the Premises at any time the HVAC System is not in operation. 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 hereby expressly waives any claims against Landlord arising out of the A/C Unit. Landlord hereby agrees to "balance" the A/C Service in the Demised Premises as part cessation 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 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 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 person for each 100 square feet of usable area or if Tenant uses in excess of 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 (1 person per 000 xxxxxx xxxx xx xxxxxx xxxx), or uses in excess of the 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 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 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 reimbursed by Tenant during to Landlord as Additional Rent within thirty (30) days after presentation of a xxxx therefor. Subject to the provisions of Article 16, Landlord, throughout the Term, shall be and remain at have free access to all times the property mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, 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 not construct or license shall be required for the operation of any A/C Unit serving the Demised Premisesplace partitions, Landlord shall have the option of obtaining the same on Tenant's behalf and at Tenant's expense, furniture or requiring Tenant, at Tenant's expense, to obtain and maintain any such permit other obstructions that may interfere with Landlord’s free access thereto 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 Building Systems, or interfere with the A/C Unitmoving 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 construed to relieve Landlord from liability to Tenant resulting from Landlord’s negligence or willful misconduct. (dE) Furnish hot and cold water for lavatoryordinary drinking, drinking cleaning and office cleaning purposeslavatory purposes and domestic hot water to the core restrooms in the Premises. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord installing that 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 mater 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 consumedconsumed in excess of customary office use (including costs of generating hot water to Tenant’s equipment within the Premises, 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. (i) Provided Tenant shall keep the 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 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 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. (ii) In addition to the requirements of Section 21.0228.1(F)(i), Tenant shall, at its sole cost and expense, comply with all Requirements with respect to 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 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”. A. Tenant shall arrange and require its employees working in the Premises to participate in annual training regarding recycling and shall participate in Landlord-sponsored training programs regarding recycling. Landlord reserves the right to interruptrefuse to collect or accept from Tenant any refuse or rubbish which is not separated and sorted as required and to require Tenant to arrange for such collection, curtail at Tenant’s sole cost and expense, using a contractor reasonably satisfactory to Landlord. (G) If the “sprinkler system” installed in the Building or suspend any of 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 changes, modifications, alterations, additional sprinkler heads or other equipment (pursuant to submission of necessary engineering plans and specifications for Landlord’s approval). (H) Subject to the Rules and Regulations, Tenant shall have access to the Premises twenty-four (24) hours per day seven (7) days per week. Section 28.2. In furtherance of and without limiting the provisions of Section 28.1(D) hereof, the Fixed Rent does not reflect or include any charge to Tenant for the furnishing of HVAC to the Premises during Overtime Periods. Accordingly, if Landlord furnishes HVAC to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord Additional Rent for such services at Landlord’s standard rates. Landlord’s service charges as of the date of this Lease are annexed hereto as Schedule I. Landlord shall not be required to be furnished 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 than a Business Day. If Tenant fails to give Landlord such advance notice, 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 Article 21 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 the necessity therefor arises necessary, by reason of accident, or emergency, mechanical breakdown, or when required by any law, order or regulation of any federal, state, county or municipal authority, 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 other cause beyond the Landlord’s reasonable control control, or by Requirements or failure of Landlord. Landlord shall use due electricity, water, steam, coal, oil or other suitable fuel or power supply, or inability by exercise of reasonable diligence to complete all required repairs obtain electricity, water, steam, coal, oil 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 permitsuitable 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

Samples: Lease Agreement (Everyday Health, Inc.), Lease Agreement (Everyday Health, 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 operatorless passenger elevator facilities on Business Days service Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and shall have sufficient elevators P.M., holidays excepted. A passenger elevator 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per weekcustomary charges therefor. (b) Maintain and keep in good order and repair the heating Building standard heating, ventilating and air conditioning system servicing the Demised Premises (the "HVAC System") installed by Landlord, except for those repairs which are the obligation of Tenant pursuant to Article 6 of this Lease. The aforesaid system HVAC System will be operated by Landlord as and when seasonably required by law, or for the comfortable occupancy of the Demised Premises (as determined by Landlord) during the applicable seasons on Business DaysMondays through Fridays, and shall be effective holidays excepted, from 8:00 A.M. to 6:00 P.M. Landlord P.M.; provided that Tenant shall have no responsibility draw and close the draperies or liability blinds for the ventilating conditions and/or temperature windows of the Demised Premises during whenever the hours or days Landlord HVAC system is not required to furnish heat pursuant to this paragraph. Any use or occupancy in operation and the position of the Demised Premises during the hours or days sun so requires and shall, at all times, cooperate fully with Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation abide by reason of such condition of the Demised Premises. 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 the sole responsibility of Tenant to cure (at Tenant's sole cost Rules 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 Regulations which Landlord may prescribe for the proper functioning of the heating system. (c) AirHVAC System. The on-conditioning service ("A/C Service") shall floor portion of the HVAC System will be furnished controlled by Landlord, except for the thermostatic controls within the Demised Premises. Landlord agrees to operate the HVAC System servicing the Demised Premises by way in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of an existing air-cooled package type air-conditioning unit (the "A/C Unit"). Tenant shallpublic authorities, 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 shall provide for any reduction 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 operations below said design criteria in which case such equipment 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 operated so as to provide reduced service 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 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees to Landlord 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 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right 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 law, 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 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.accordance

Appears in 1 contract

Samples: Lease (Global Technologies LTD)

SERVICES AND EQUIPMENT. 21.01 From and after the Commencement Date, Landlord shall operate and maintain the Building, the Building Systems (as defined in Section 21.01. So long as Tenant is not in default under any 21.06) and the Common Areas (and Plaza II, to the extent such operation and maintenance materially affects Tenant’s occupancy of the covenants of 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, Landlord without limitation, other buildings within the Complex) and 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 sufficient elevators available 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 have access to use passenger elevators solely for the Demised Premises twenty-four (24) hours a daytransportation of its employees and invitees and not for freight handling, seven (7) days per weekthe 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 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 the Building 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., and Saturdays between the hours of 8:00 a.m. — 1 p.m., in accordance with the 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 system or ventilating systems (on portions thereof) (whether installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on Business Daysor Tenant), including, without limitation, systems that are installed to service Tenant’s data processing, computer or telephone operations, and Landlord shall only be responsible for the maintenance and repair of the base building DX Units exclusively serving the demised premises. If applicable through Tenant’s expansion, Landlord shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability responsible for the ventilating conditions and/or temperature maintenance and repair of the Demised Premises base Building DX Unit(s) serving the 2nd Floor Expansion Space, the 6th Floor Expansion Space and 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-conditioning to the common areas of the floors on which the demised premises is located. 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 unbreatheable during the hours or days when Landlord is not required able to furnish heat pursuant condenser water to this paragraphthe demised premises or when the DX Units are not operational. Any use or occupancy of the Demised Premises demised premises during the such hours or 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. If Such condition of 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 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. 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 the sole responsibility of Tenant to cure (at Tenant's sole cost and expense)demised premises. Tenant shall cause and keep entirely unobstructed at all of times all 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-condenser water systems and base building DX Units. 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 service ("A/C Service") system serving the demised premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to the Demised Premises by way of an existing air-cooled package type air-conditioning unit (the "A/C Unit"). Tenant shall, at Tenant's ’s cost and expense, maintain and repair 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 replace replacing the Building condenser water system (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 a reasonable allocation in respect of the A/C Unit. Landlord hereby agrees to "balance" the A/C Service in the Demised Premises as part depreciation 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 Landlordsuch system). Tenant shall pay on demand all expenses incurred in connection with the maintenance and repair As of the A/C Unit. In the event date of the total breakdown of the A/C Unit In such a manner that the same cannot reasonably be repairedthis Lease, Landlord shall replace charge Tenant the A/C amount of $35 per hour per DX Unit at its own cost and expense. All electricity used in connection with the operation of the A/C Unit for such overtime condenser water service, which shall be supplied by Landlord upon and subject to all of increase based upon the terms and conditions contained percentage increase in Article 4 hereofLandlord’s costs described in the preceding sentence. The existing A/C Unit, and any replacements thereof or additional units installed by Tenant during Landlord shall connect 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 for the operation of any A/C Unit base building DX Units serving the Demised Premises, Landlord shall have the option of obtaining the same on Tenant's behalf and at Tenant's expense, or requiring Tenant, at Tenant's expense, demised premises 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’s Building Management System. (d) Furnish hot Provide the cleaning and cold water for lavatory, drinking janitorial services described on Schedule E annexed hereto on Business Days. The cost of such cleaning and office cleaning purposes. If janitorial services provided to Tenant requires, uses or consumes water for any and other purpose, Tenant agrees to Landlord installing a meter or meters or other means to measure Tenant's water consumption, tenants and Tenant further agrees to reimburse Landlord for occupants of the Building and the cost of the mater or meters cleaning and the installation thereof, and to pay janitorial services 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 Common Areas shall reimburse Landlord the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right 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 law, 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 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.included in Operating Expenses and Common Area

Appears in 1 contract

Samples: Office Lease (Arch Capital Group Ltd.)

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 operatorless passenger elevator facilities on Business Days service Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and shall have sufficient elevators P.M., holidays excepted. A passenger elevator 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per weekcustomary charges therefor. (b) Maintain and keep in good order and repair the heating Building standard heating, ventilating and air conditioning system servicing the Demised Premises (the "HVAC System") installed by Landlord, except for those repairs which are the obligation of Tenant pursuant to Article 6 of this Lease. The aforesaid system HVAC System will be operated by Landlord as and when seasonably required on Business Daysby law, and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or reasonably comfortable occupancy of the Demised Premises during the hours applicable seasons, on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant shall draw and close the draperies or days Landlord is not so required to furnish heat to blinds for the windows of the Demised Premises shall be at whenever the sole risk, responsibility HVAC system is in operation and hazard of Tenant. 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 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 position of the Demised Premises. It is Landlord's recommendation that Tenant cause sun so requires and shall, at all times, cooperate fully with Landlord and abide by 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 the sole responsibility of Tenant to cure (at Tenant's sole cost Rules 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 Regulations which Landlord reasonably may prescribe for the proper functioning of the heating systemHVAC 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 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 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 Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises 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 the total connected electrical load of which is in excess of six (6) xxxxx per usable square foot . 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 six (6) xxxxx per usable square foot, or if Tenant's partitions shall be arranged in such 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 xxxx therefor. Subject to the conditions set forth in Section 15.01, 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) Air-conditioning service ("A/C Service") Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be furnished to the Demised Premises by way of an existing air-cooled package type air-conditioning unit (the performed Saturdays, Sundays and holidays, in accordance with Schedule "A/C Unit")D" annexed hereto and made part hereof. 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 WorkIf, 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 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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.cleaning of (d) Furnish hot and cold water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord installing 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 mater 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 on demand the cost of all water consumed, consumed as measured by said meter or meters or as otherwise measured. (e) If Tenant shall require and request any of the foregoing services at times other than above provided, including sewer rentsand if such request is made at least eight (8) hours prior to the 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 the Building. Section 21.02. A. Holidays shall be deemed to mean all federal holidays, New York State holidays and Building Service Employees Union Contract holidays. Section 21.03. Landlord reserves the right to temporarily interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 21 Lease when the necessity therefor arises necessary by reason of accident, emergency, mechanical breakdown, breakdown or when required by any law, order or regulation of any federalFederal, stateState, county County or municipal 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 reasonably permit. No 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 shall or will be claimed by Tenant as a result therefromcompensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment curtailment, suspension, work or suspensioninconvenience. Section 21.04. Notwithstanding anything to the contrary contained in this Lease, if through no fault of Landlord, Landlord shall fail to provide elevator, heating, ventilating or air conditioning services, as provided in this Lease (collectively, a Service "Interruption"), and such Service Interruption shall materially impair the customary operation of Tenant's business in all or any part of the Demised Premises (other than a de minimis part), and if (i) 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 omission in violation of this Lease by or the negligence of Tenant, or of Tenant agents, servants, employees or contractors (a Service Interruption that satisfied all of the foregoing 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. 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. Provided Tenant is not then in default hereunder, Landlord's charges for such services shall not be greater than the amount charged to any other tenant.

Appears in 1 contract

Samples: Lease Agreement (TMP Worldwide Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the covenants of this Lease, 21.1 Landlord shall, at its cost and expense: (a) Provide provide necessary 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 sufficient elevators available at least one elevator subject to call at all other times. At Landlord's option, the elevators shall be operated by -45- 50 automatic control or by manual control, or by a combination of both of such methods. Tenant shall have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week.; (b) Maintain and maintain, keep in good order repair and repair provide the services of the Building system air-conditioning, heating and ventilating system ("HVAC System") installed by Landlord. Landlord in accordance with the design criteria annexed hereto as Exhibit E. The aforesaid system systems will be operated by Landlord function when seasonably required on during Business Days, and Hours. The cooling season for the purposes of this Lease shall be effective from 8:00 A.M. to 6:00 P.M. May 15 through September 15 of each calendar year. Landlord shall have no responsibility or liability 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 heat, ventilation or air-conditioning pursuant to this paragraphsubsection. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole riskIn any event, responsibility and hazard of Tenant. 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 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. 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 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 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 system.or ventilation at such times as same are not furnished by Landlord, Tenant shall give Landlord reasonable advance notice of such requirement and, if same is furnished by Landlord, Tenant agrees to pay the Landlord's actual cost therefor as additional rent; (c) Airprovide cleaning and janitorial services on Business Days in accordance with the specifications annexed hereto as Exhibit F; provided, however, Tenant shall pay to Landlord 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 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 (except for the kitchen area as described in Exhibit D-1), 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 interior glass surfaces, (iv) non-conditioning service building standard materials or finishes installed by Tenant or at its request, and ("A/C Service"b) removal from the demised premises and the Building of so much of any refuse and rubbish of Tenant as shall be furnished exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises by way of an existing air-cooled package type air-conditioning unit demised premises and the use (the "A/C Unit"). Tenant shall, at Tenant's expense) of light, maintain power 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 water in the Demised Premises 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 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 for the operation purpose of any A/C Unit serving cleaning the Demised Premises, Landlord shall have the option of 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 demised premises in accordance with 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.obligations hereunder; and (d) Furnish furnish hot and cold water for lavatory, drinking lavatory and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. Section 21.02. A. 21.2 Landlord reserves the right to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air-conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord will notify Tenant in advance of any such stoppage 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 but nothing herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis unless requested to do so by, and at the expense of, Tenant. 21.3 Tenant shall reimburse Landlord for the cost to Landlord of 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 the routine of business office occupancy. 21.4 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages and other similar supplies and services to tenants and licensees in the Building provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Notwithstanding the foregoing, Landlord agrees that, in connection with meetings held at the demised premises in the ordinary course of Tenant's business, Tenant shall have the right to hire an independent caterer, provided that such caterer, its employees and agents comply with all the regulations set forth in this Lease with respect to the delivery of goods to the demised premises and the preparation and service of food at the demised premises. Landlord may fix, in its own 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 person, 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 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 personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, but not for resale to or for consumption by any other tenant. 21.5 Tenant agrees to employ such office maintenance contractor as Landlord may from time to time designate, for all waxing, polishing, lamp replacement, cleaning (other than those cleaning services Landlord is obligated to furnish on an as-needed basis) 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. 21.6 Landlord will, at the request of Tenant, maintain listings on the Building directory of the names of Tenant and any other person, firm, association or corporation in occupancy of the demised premises or any part thereof as permitted hereunder, and the names of any officers or employees of any of the foregoing; provided, however, that the number of names so listed shall be in the same proportion to the capacity of the Building directory as the aggregate number of square feet of rentable area of the demised premises is to the aggregate number of square feet of rentable area of the Building. The listing of any name other than that of the Tenant, whether on the doors of the demised premises, on the Building directory, or when required by otherwise, shall not operate to vest any law, order right 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall 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 of the obligations of Tenant such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.7 Landlord will not be affected or reduced by reason of such interruptionrequired to furnish any other services, curtailment or suspensionexcept as otherwise provided in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interliant 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 elevator facilities on Business Days business days from 8:00 A.M. to 6:00 P.M. and shall have sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain and keep in good order and repair the air conditioning, heating system and ventilating systems installed by Landlord. The aforesaid system heating and ventilation systems will be operated by Landlord function when seasonably required on Business Days, and shall be effective business days from 8:00 A.M. to 6:00 P.M. Landlord as more fully described in Schedule C annexed hereto and made a part hereof. The air conditioning system (as it relates to the demised premises) shall have no responsibility or liability for separate controls in the ventilating conditions and/or temperature demised premises and may be operated by Tenant as required if the demised premises constitute an entire floor; with respect to partial floors said controls shall be operated by the concierge of the Demised Premises Building. 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 during the hours or days when Landlord is not required pursuant to this paragraph to furnish heat pursuant to this paragraphor ventilation or when Tenant does not operate the air-conditioning systems. Any use or occupancy of the Demised Premises demised premises during the such hours or 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. If Such condition of 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 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. 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 the sole responsibility of Tenant to cure (at Tenant's sole cost and expense)demised premises. Tenant shall cause and 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, ventilating and air-conditioning systems. 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. In the event that Tenant shall require heating systemor ventilation (or air conditioning if Tenant occupies a partial floor) at such times as same are not furnished by Landlord, Tenant shall advise the concierge of the Building of such requirement and, the same shall be furnished by Landlord. Tenant agrees to pay the Landlord's charges therefor as additional rent. The temperature controls for the air conditioning shall be in the demised premises as provided for in Schedule C but the controls for turning on said air conditioning shall be with the concierge. (c) Air-conditioning service ("A/C Service") shall be furnished to Provide 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 cleaning 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 janitorial services described 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 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 Schedule F annexed hereto on the Expiration Date. If any permit or license shall be required for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 Unitbusiness days. (d) Furnish hot and cold water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to that Landlord installing 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 mater 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, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord 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 the Tenant's use and enjoyment of the demised premises, but Landlord shall not be obligated to employ overtime or when required premium labor therefor. 21.03. Tenant shall reimburse Landlord for the cost to Landlord of 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 the routine of general business office occupancy. 21.04. It is expressly agreed that any firm or corporation furnishing laundry, linen towels, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building is subject to being excluded from the Building if Landlord, in its reasonable judgment, determines that such firm or corporation interferes with the operation of the Building. Landlord may fix, in its own 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. It is understood, however, that Tenant or regular office employees of Tenant who are not employed by any lawsupplier of such food or beverages or by any person, order firm or regulation corporation engaged in the business of any federalpurveying such food or beverages, statemay personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, county or municipal authority, but not for resale to or for consumption by any other cause beyond the reasonable control of Landlordtenant. Landlord shall use due diligence may fix in its absolute discretion, at any time and from time to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom time, the hours during which, and the regulations under which, foods and beverages may be brought into the Building by regular employees of Tenant. 21.05. Tenant agrees to employ such office maintenance contractor as Landlord may from time to time designate, for all waxing, polishing, cleaning (other than those cleaning services Landlord is obligated to furnish) 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. 21.06. Landlord will not be required to furnish any other services, except as short a period of time as circumstances will permit. No diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall otherwise provided in this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionLease.

Appears in 1 contract

Samples: Lease Agreement (Labranche & Co 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 commencing on the Lease Commencement Date and expenseduring the Term: (a) Provide necessary passenger elevator facilities on during Business Days from 8:00 A.M. to 6:00 P.M. Hours and shall have sufficient elevators available 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 have access to use passenger elevators solely for the Demised Premises twenty-four (24) hours a daytransportation of its employees and invitees and not for freight handling, seven (7) days per weekthe delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Maintain and keep in good order and repair the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required Provide non-exclusive freight elevator service on a first come-first served basis (i.e., no advance scheduling) on Business Days, and shall be effective Days from 8:00 A.M. to 6:00 12:00 Noon and 12:30 P.M. Landlord shall have no responsibility or liability for to 5:00 P.M. and on a reserved basis at all other times upon the ventilating conditions and/or temperature payment of the Demised Premises during the hours or days Landlord is not required Landlord’s then established charges therefor. All deliveries to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises Tenant shall be made at freight docks located on the sole risk, responsibility and hazard of Tenant. If the Demised Premises shall be uninhabitable during ground floor or at such times other locations as Landlord is not required may from time 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 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. 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 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 heating systemtime designate. (c) Air-conditioning service ("A/C Service") Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. The cost of such cleaning and janitorial services provided to Tenant and other tenants and occupants of the Building shall be furnished to 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 included 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)Operating Expenses. Tenant shall pay on demand employ Landlord’s cleaning contractor 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 expenses incurred in connection with such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the maintenance and repair of the A/C Unit. In the event of the total breakdown of the A/C Unit In such 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 demised premises at all times the property of Landlord, after 5:30 P.M. and Tenant shall surrender the A/C Unit before 8:00 A.M. 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining the same on Tenant's behalf right to use, without charge therefor, all light, power 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 water in the Demised Premises demised premises reasonably required to be kept closed to facilitate proper functioning of clean 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)demised premises as required under this Section 21.01. Tenant shall keep entirely unobstructed all of the vents, intakes, outlets and grilles, at all times and shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and observe all reasonable regulations 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 requirements prescribed by Landlord for the proper functioning of the A/C UnitDevelopment (N.J.A.C. 7:7E - 1.1). (d) Furnish hot Provide sewer service and cold furnish water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to that Landlord installing 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 cost of the mater 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 consumedconsumed 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. (e) Provide HVAC to the common areas of the Building, Chilled Water for cooling purposes to the on-floor fan-coil unit and hot water for heating purposes at the perimeter of the demised premises in accordance with the specifications set forth in Section 8.10 of the Tenant Criteria Manual. Landlord has previously installed the central chiller system and valve connections on each floor of the demised premises. The cost of providing Chilled Water and hot water to the common areas of the Building shall be deemed a component of Operating Expenses (except for those costs and expenses payable by Tenant as provided for, and to be paid for, in the manner as set forth below in Section 21.04) and Tenant shall pay Tenant’s Expense Share thereof in accordance with Article 3. Chilled Water shall be supplied to the demised premises and common areas of the Building by Landlord and Tenant shall pay the cost of the Chilled Water supplied to the demised premises in accordance with Section 21.04. The cost of operation, maintenance, service and repair (but not including any capital expenditures subject to Section 3.02.A.(d)). of the central chiller system installed by Landlord shall be deemed components of Operating Expenses and Tenant shall pay Tenant’s Expense Share thereof subject to and in accordance with Article 3. Tenant shall be responsible, at its sole expense, for the design, installation and operation of any supplemental air conditioning systems installed by Tenant within the demised premises and Tenant shall pay for any Chilled Water used in connection with such air conditioning systems in accordance with Section 21.04. Tenant shall maintain and repair Tenant’s air conditioning system in accordance with Section 7.06. (f) Lighting and electricity to the common areas of the Building; and (g) A security program with respect to ingress to and egress from the Building and the common areas of the Building, if any, in accordance with those specifications and/or rules implemented by Landlord (in Landlord’s discretion). Landlord shall provide Tenant with security access cards for all of Tenant’s employees without charge (and replacements and cards for new employees at Landlord’s standard charge therefor). 21.02. A. Landlord reserves the right In addition to interrupt, curtail or suspend the services required to be furnished or caused to be furnished by Landlord under in accordance with Section 21.01, Landlord, at Tenant’s expense, shall furnish or cause to be furnished the following additional services while Tenant is occupying the demised premises: (a) Extermination service administered to any kitchen, cafeteria or special food preparation areas on a regular basis, as reasonably determined by Landlord, for rodent and pest control or, in the event of infestation caused by or resulting from such areas, as the same may be required, as reasonably determined by Landlord, to eliminate such infestation; (b) Relamping of lighting fixtures within the demised premises and replacement of bulbs and ballasts at the request of Tenant; and (c) Installation and/or replacement, at Tenant’s request, of locks within the demised premises and the supplying of keys therefor; Notwithstanding anything to the contrary herein, Landlord shall have no obligation to provide the services described in sub-paragraphs (a), (b) or (c) above unless Landlord receives a written request for such service or services from Tenant; provided, however, in the event the demised premises contains any kitchen, cafeteria or special food preparation areas, Landlord may require Tenant to retain Landlord to provide the services contained in sub-paragraph (a) above. In the event Landlord receives such written request from Tenant and provides such service or services, Tenant shall pay, as additional rent, for Landlord’s furnishing of such service or services within thirty (30) days after its receipt of an invoice therefor. 21.03. If Tenant shall desire heating after Business Hours or freight elevator service at any time other than during Business Hours, such service or services shall be supplied to Tenant only at the request of Tenant, which request shall be made, with respect to heating after Business Hours, not later than 4:00 p.m. on the Business Day for which such service is requested or if such service is requested for Saturday, Sunday or a Holiday, by not later than 4:00 p.m. on the preceding Business Day, and with respect to freight elevator service, not later than 5:00 P.M. on the Business Day preceding such required extra usage (or before 12:00 P.M. on Friday for weekend overtime service), and Tenant shall pay to Landlord, as additional rent, the cost of heating supplied after Business Hours at Landlord’s standard rates and shall pay for Landlord’s standard rates for the furnishing of such freight elevator service, in each case within 30 Business Days after receipt of an invoice therefor. During the course of the Initial Work only, no charge shall be due for freight elevator service during Business Hours. 21.04. Tenant covenants and agrees to pay to Landlord the amounts for Chilled Water consumed by Tenant as indicated by a submeter measuring the demand for, and consumption of, Chilled Water current for the floor(s) on which the demised premises is located (based upon such formulas described on Schedule F attached to this Article 21 Lease, as mentioned below). Notwithstanding anything to the contrary contained herein (or on any such Schedule), if the demised premises is comprised of less than a full floor, (i) Landlord shall have the right to have Tenant’s share of Chilled Water measured based upon a survey conducted by an independent consultant and (ii) in the event Landlord exercises such right, Tenant covenants and agrees that an independent Chilled Water consultant shall make a survey of Chilled Water used in the demised premises (and also taking into account and including the costs of such expenses for the common areas located on such floor which are attributable and allocated by Landlord on an equitable basis to the demised premises) to determine the average monthly consumption thereof, and the cost of said survey shall be borne by Tenant, such cost not to exceed five hundred dollars ($500). The findings of said consultant as to the average monthly Chilled Water consumption of Tenant shall, unless objected to by Tenant within sixty (60) days, be conclusive and binding on Landlord and Tenant. After Landlord’s consultant has submitted its report, Tenant shall pay to Landlord, within ten (10) days after demand therefor by Landlord, the amount (based on the monthly consumption found by such consultant) as owing thereafter (except as otherwise specifically set forth herein) and such consultant’s determination of Tenant’s monthly consumption shall apply on a going-forward basis in lieu of the formula set forth in Schedule F hereof. Said amounts shall be treated as additional rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the Term commences or ends on any other than the first or last day of the month. If Tenant objects to said findings, Tenant shall nevertheless pay and continue to pay the amount determined by Landlord’s consultant until the issue is finally resolved, but Tenant may, at its expense, seek the services of an independent Chilled Water consultant who shall make a survey as provided above. If Landlord’s and Tenant’s consultants cannot agree as to Tenant’s consumption within thirty (30) days of Tenant’s consultant’s findings, either Landlord or Tenant may request the American Arbitration Association in Somerset, New Jersey to appoint a Chilled Water consultant whose decision shall be final and binding on Landlord and Tenant, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Tenant shall be promptly refunded. Provided Tenant strictly complies with all applicable provisions of the Lease, including, but not limited to, Articles 6, 7, 8 and 9 hereof, and further provided Tenant has not breached any provision of the Lease (after receipt of any required written notice and beyond the expiration of any applicable cure period), Tenant, at its expense, may install in the demised premises a submeter to measure the demand for and consumption of Chilled Water for just the demised premises. Tenant, at its cost, shall be responsible for the maintenance and repair of such submeter. Tenant shall pay Landlord upon its demand for all amounts of Chilled Water consumed by Tenant as indicated by such submeter, in accordance with the formula described in Schedule F. In addition, Tenant shall pay Landlord upon its demand for all amounts, as determined by Landlord based on Schedule F hereof and subject to Tenant’s Chilled Water Share, of Chilled Water consumed in or attributable to the common areas of the floor on which the demised premises are located. Tenant shall pay for such item(s) within thirty (30) days after rendition of bills therefor. In addition, Tenant shall also reimburse Landlord, upon demand, as Additional Rent, for Tenant’s Chilled Water Share of the costs attributable to the maintenance and repair of such submeters. Tenant shall be charged for all Chilled Water and non-Business Hours hot water for heating based upon such formulas described on Schedule F attached to the Lease. 21.05. Except to the extent otherwise set forth herein, 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 the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord 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. 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, and if not, then Landlord will not unreasonably withhold, delay or condition its consent) will be permitted to furnish laundry, cable television and other similar supplies and services to tenants and licensees in the Building (but not drinking water, ice, food or beverages, computer or copier repair services, or when required similar services, which Tenant may contract with at will). 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 lawsupplier of such food or beverages or by any person, order firm or regulation corporation engaged in the business of any federalpurveying such food or beverages, state, county may on an occasional or municipal authorityincidental 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 Tenant or Tenant’s representative accepts such deliveries in the lobby of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other cause beyond the reasonable control of Landlordtenant. 21.06. Landlord shall use due diligence will not be required to complete all required repairs or furnish any other necessary work services, except 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall otherwise provided in this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionLease.

Appears in 1 contract

Samples: Office Lease (Optimer Pharmaceuticals Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the covenants of this Lease, 21.1 Landlord shall, at its cost and expense: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 sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week.upon reasonable notice from Tenant; (b) Maintain and maintain, keep in good order repair and repair provide the services of the Building system air-conditioning, heating and ventilating system ("HVAC System") ----------- installed by Landlord. Landlord in accordance with the design criteria annexed hereto as Exhibit E. The aforesaid system systems will be operated by Landlord function when seasonably required on during --------- Business Days, and Hours. The cooling season for the purposes of this Lease shall be effective from 8:00 A.M. to 6:00 P.M. May 15 through September 15 of each calendar year. Landlord shall have no responsibility or liability 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 heat, ventilation or air-conditioning pursuant to this paragraphsubsection. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole riskIn any event, responsibility and hazard of Tenant. 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 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. 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 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 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 systemor ventilation at such times as same are not furnished by Landlord, Tenant shall give Landlord at least 24-hours advance notice of such requirement, and Tenant agrees to pay the Landlord's prevailing rate therefor as additional rent. (c) Airprovide cleaning and janitorial services on Business Days in accordance with the specifications annexed hereto as Exhibit F; provided, --------- however, Tenant shall pay to Landlord 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 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 office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-conditioning service building standard materials or finishes installed by Tenant or at its request, and ("A/C Service"b) removal from the demised premises and the Building of so much of any refuse and rubbish of Tenant as shall be furnished exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises by way of an existing air-cooled package type air-conditioning unit demised premises and the use (the "A/C Unit"). Tenant shall, at Tenant's expense) of light, maintain power 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 water in the Demised Premises 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 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 for the operation purpose of any A/C Unit serving cleaning the Demised Premises, Landlord shall have the option of 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 demised premises in accordance with 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.obligations hereunder; and (d) Furnish furnish hot and cold water for lavatory, drinking lavatory and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. Section 21.02. A. 21.2 Landlord reserves the right to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air- conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord will notify Tenant in advance of any such stoppage 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 but nothing herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis unless requested to do so by, and at the expense of, Tenant. 21.3 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages and other similar supplies and services to tenants and licensees in the Building provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Landlord may fix, in its own 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 person, 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 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 personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, but not 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. 21.4 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 when required by otherwise, shall not operate to vest any law, order right 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall 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 of the obligations of Tenant such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.6 Landlord will not be affected or reduced by reason of such interruptionrequired to furnish any other services, curtailment or suspensionexcept as otherwise provided in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interliant Inc)

SERVICES AND EQUIPMENT. Section 21.0124.01. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shallLandlord, at its cost and expense: (a) Provide necessary elevator facilities on Business Days from 8:00 A.M. , shall provide to 6:00 P.M. and shall have 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 have access to the Demised Premises twenty-twenty four (24) hours a day, seven (7) days per weeksuch passenger elevator service as shall be reasonably necessary for the accomplishment of the Permitted Use. Tenant shall also be permitted to use the elevators for freight purposes, but only during those hours which are not Normal Business Hours; provided however, deliveries or removal of normal business supplies which will not disrupt the use of the elevators by other tenants in the Building may be made during Normal Business Hours. Tenant shall pay, as Additional Rent hereunder, the costs and expenses incurred by Landlord in providing additional elevator service to Tenant for freight. (b) Maintain 24.02. Landlord, at its cost and expense, shall maintain, operate and keep in good working order and repair the air-conditioning, heating system and ventilating systems installed by Landlord. The Subject to any applicable policies or regulations adopted by any utility or governmental authority, the aforesaid system will systems shall be operated by Landlord during Normal Business Hours on Normal Business Days (as said terms are hereinafter defined) when seasonably required on Business Daysas determined by Landlord. In the event Tenant shall require air-conditioning, heating and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability ventilation services for the ventilating conditions and/or temperature any part of the Demised Premises beyond Normal Business Hours or beyond Normal Business Days, Landlord shall furnish such services upon not less than twelve (12) hours prior written notice from Tenant received by Landlord during normal business hours. Tenant shall pay upon demand by Landlord the hours or days actual costs incurred by Landlord in furnishing such services, which as of the date hereof is not required $25/hour subject to furnish heat pursuant increases to this paragraphbe charged by Landlord which are proportionate to increases charged to Landlord by the utility company furnishing electricity to the Building. 24.03. Tenant covenants that it will at all times comply with all regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of said air-conditioning system. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required pursuant to this Article to furnish heat heat, ventilation or air-conditioning to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 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 Tenant's use of the Demised Premises. It is Landlord's recommendation that Tenant cause all , or any part thereof, exceeds the design condition limitations 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 soheating, any improper functioning of the heating system resulting therefrom shall be the sole responsibility of Tenant to cure (at Tenant's sole cost ventilating 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 the Demised Premises by way of an existing air-cooled package type air-conditioning unit systems (the "A/C Unit"). Tenant shall, at including occupancy of one person per 200 rentable square feet and total electrical load from Tenant's expenselight and power of 3 xxxxx per useable square foot), 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 or if Tenant rearranges partitions 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 a manner that as to interfere with the same cannot reasonably be repairednormal operations of these systems, 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining the same on Tenant's behalf and at Tenant's expense, may make the changes to said systems made necessary by said use or requiring Tenantsaid rearrangement. 24.04. Landlord, at Tenant's expenseits cost and expense but subject to reimbursement as provided in this Section 24.04 and in Section 24.12 hereof, to obtain shall furnish janitorial and maintain any such permit or license. It is Landlord's recommendation that Tenant cause all of the windows cleaning services in the Demised Premises to be kept closed to facilitate proper functioning in accordance with the "Cleaning and Janitorial Service" requirements attached as Exhibit C hereto. Notwithstanding the foregoing, however, any portion of the A/C UnitDemised Premises used for (if specifically permitted herein) (i) preparation, dispensing or consuming food or beverages; (ii) data processing or computer operations; (iii) medical areas, or (iv) storage areas will be serviced pursuant to Exhibit C, but at such additional charge to Tenant as shall be agreed upon by Landlord and Tenant. If In those areas as noted above in subsections (i) through (iv), Landlord shall remove waste paper accumulated daily (during Normal Business Hours) in the routine of business office occupancy. Tenant shall elect not to do so, pay Landlord a reasonable charge for any improper functioning extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the A/C Unit resulting therefrom shall be the sole responsibility part of Tenant or its employees or visitors; (ii) private lavatories or toilets or other special facilities requiring greater or more difficult cleaning work than normal office areas; (iii) the cleaning of unusual quantities of interior glass surfaces or other non-building standard materials or finishes installed by Tenant; or (iv) the removal of so much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have access to cure (at the Demised Premises subject to Tenant's sole reasonable security requirements after normal business hours and such use of light, power and water in the Demised Premises as is reasonably required for cleaning the Demised Premises in accordance with said Exhibit C. 24.05. Landlord shall furnish, at its 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) Furnish hot and cold water for lavatory, ordinary drinking and office cleaning purposespurposes only, and hot water to the lavatory only. If Tenant requires, uses or consumes water for any other purpose, purpose or in unusual quantities Landlord may install a water meter at Landlord's expense which Tenant agrees to Landlord installing a meter or meters or other means shall thereafter maintain at Tenant's expense in good working order and repair to measure Tenant's water consumptionconsumption and Tenant shall pay for all water consumed as shown on said meter as Additional Rent within fifteen (15) days after the bills are rendered and in default in making such payment, Landlord may pay such charges and collect same from Tenant. Such a meter shall also be installed and maintained at Landlord's sole expense if required by applicable law or governmental regulation or order. 24.06. Landlord, at its sole cost and expense shall provide security for the Building and Property at levels and in a manner consistent with other first class office buildings located in Suffolk County, New York. 24.07. No sign or signs, except in uniform style and uniform location as fixed by Landlord in its signage specification will be permitted in the public corridors or on corridor doors or entrances to the Demised Premises except as may be permitted pursuant to Article XLVI herein. No sign shall be affixed or installed by Tenant without the prior written consent of Landlord. 24.08. For the purpose of this Article, "Normal Business Hours" for the Demised Premises shall be from 8:00 A.M. to 6:00 P.M. on weekdays and from 9:00 A.M. to 1:00 P.M. on Saturdays. Normal Business Hours shall be observed on "Normal Business Days", which shall be all days except Sundays and those holidays listed on Exhibit D annexed hereto. The Building shall be open to the general public during the hours of 7:00 A.M. to 7:00 P.M. on those Normal Business Days which are weekdays. During the hours of 7:00 P.M. to 11 P.M. on those Normal Business Days which are weekdays, and Tenant further agrees during the hours of 7:00 A.M. to reimburse Landlord for the cost of the mater or meters and the installation thereof11:00 P.M. on all other days, 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right to interruptexclude from the Building all persons who do not present a pass to the Building signed by the Landlord or who do not have an "access card" which allows access into the Building electronically. Access cards will be distributed to the Tenant for its distribution to its employees ONLY. In the event an access card is lost or misplaced, curtail Tenant will be responsible to immediately notify Landlord of such misplaced or suspend the services lost access card. Tenant shall be 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 law, order or regulation of any federal, state, county or municipal authority, or pay $25.00 for any other cause beyond new or replacement access card to be issued by Landlord. As to any employee of Tenant which has been issued an access card and leaves the reasonable control employ of LandlordTenant, Tenant shall be responsible to immediately notify Landlord of such unemployment. During the hours of 11:00 P.M. to 7:00 A.M. on all days, Tenant and its employees will not be permitted access to the Building by use of access cards but instead may gain access to the Building by giving the Landlord at least twelve (12) hours prior notice and making arrangements with Landlord for access into the Building. Tenant shall be responsible for all persons for whom it requests access to the Building and/or access cards and shall be liable to the Landlord for all acts of such persons. Landlord shall use due diligence in no case be liable for damages for any error with regard to complete all required repairs the admission to or exclusion from the Building of any person. In case of a riot, public excitement or other necessary work as quickly as possible so that Tenantcircumstances rendering such action advisable in Landlord's inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. No diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result therefromopinion, nor shall this Lease or any Landlord reserves the right to prevent access to the Building during the continuance of the obligations same by closing the doors or otherwise, all for the safety of Tenant be affected or reduced by reason the tenants and the protection of such interruption, curtailment or suspensionthe Building.

Appears in 1 contract

Samples: Lease Agreement (Greenstone Roberts Advertising Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as (a) Tenant is not in default under any of the covenants of this Lease, Landlord shallshall furnish, at its cost expense, all trade fixtures, furniture, equipment and expense: personal property (acollectively, “Property”) Provide necessary elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. be used at the Premises. Landlord shall not be responsible for the Property of Tenant, and shall have sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per weekindemnify Landlord and save it harmless against any liability or damages on such account. (b) Maintain and keep in good order and repair As of the heating system installed Rental Commencement Date, Tenant shall pay for its electric service for the Premises directly to a third party provider of such electric service. Landlord, at its option, may elect to provide electric service to the Premises, at a cost to be determined by Landlord. The aforesaid system will be operated by Landlord when seasonably required on Business Days, and which amount shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat paid monthly by Tenant as Additional Rent pursuant to this paragraphAgreement. Any use or occupancy of the Demised Premises during the hours or days Thereafter, Landlord is not so required may elect to furnish heat discontinue furnishing electric service to the Demised Premises shall be at the sole risk, responsibility and hazard of 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 such notice, Tenant may contract for and receive such electric service directly from the Demised Premises public utility company serving the Shopping Center, and if Tenant does so, Landlord shall be uninhabitable during such times as Landlord is not required permit Tenant to furnish heat use Landlord's service to the Demised Premises pursuant to this paragraphPremises, 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 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. 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 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 heating systemcost. (c) Air-conditioning service ("A/C Service") shall be furnished to the Demised Premises by way of an existing air-cooled package type air-conditioning unit (the "A/C Unit"). Tenant shallTenant, at Tenant's ’s expense, maintain and repair and replace shall at all times keep the Premises (as necessary) the A/C Unit, including, without limitation, the periodic cleaning of filtersservice areas adjacent to the Premises, replacement of fuses display windows and betssigns) orderly, the calibration of thermostats neat, safe, clean and all start-up free from rubbish 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)dirt. Tenant shall pay dispose of all trash (wet or dry) on demand all expenses incurred a daily basis 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 a manner that the same cannot reasonably receptacles as may 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 designated by Landlord upon and subject to all of the terms and conditions contained in Article 4 hereof. The existing A/C Unitfor such disposal, and any replacements thereof or additional units installed by until Tenant during the Termdisposes of such trash, shall be and remain at all times the property of Landlord, and Tenant shall surrender store the A/C Unit trash and all other solid waste within the Premises or in such repairs and replacements to areas as may be designated by Landlord in good working order and condition on the Expiration Date. If any permit or license shall be required for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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)storage. Tenant shall keep entirely unobstructed all of the vents, intakes, outlets and grillesnot burn any trash or garbage, at all times and shall comply with and observe all reasonable regulations and requirements prescribed by Landlord for any time, in or about the proper functioning of the A/C UnitShopping Center. (d) Furnish hot and cold water for lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposeAs of the Rental Commencement Date, Tenant agrees to Landlord installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord shall pay for its trash removal service for the Premises directly to a third party provider of such trash removal service. 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 Premises at a cost of the 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished determined by Landlord under this Article 21 when the necessity therefor arises by reason of accidentLandlord, emergency, mechanical breakdown, or when required by any law, order or regulation of any federal, state, county or municipal authority, or for any other cause beyond the reasonable control of Landlord. Landlord which amount 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 rent or other compensation shall or will be claimed paid monthly by Tenant as Additional Rent pursuant to this Agreement. Thereafter, Landlord may elect to discontinue furnishing trash removal services to the Premises 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 does not provide such services and if Landlord has elected not to retain a result therefromthird party to provide such services, nor Tenant shall this Lease or any arrange for the regular pickup of all trash, garbage and other solid waste with a contractor and upon terms approved in writing by Landlord, in its sole discretion. (e) As of the obligations of Rental Commencement Date, Tenant be affected or reduced by reason shall pay for its water and sewer service for the Premises directly to a third party provider of such interruptionwater and sewer service. Landlord, curtailment at its option, may elect to provide water and sewer 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 suspensionotherwise incurring any liability to Tenant. If Landlord shall give Tenant such notice, Tenant may contract for and receive such water and sewer 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 Tenant's cost.

Appears in 1 contract

Samples: Tenancy Agreement

SERVICES AND EQUIPMENT. Section 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 expenseexpenses: (a) Provide necessary elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain Landlord shall furnish heat and keep in good order and repair air-conditioning through the heating system installed by Landlord. The aforesaid system will be operated by Landlord Building systems when seasonably required on Business Days, and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord in accordance with the specification annexed hereto as Schedule D. Tenant shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 in any provision thereof, nor shall it be deemed an 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. It is Landlord's recommendation that Tenant event cause all of the windows in the Demised Premises demised premises to be kept closed to facilitate proper functioning of the heating system. If Tenant and shall elect not to do so, any improper functioning of the heating system resulting therefrom shall be the sole responsibility of Tenant to cure (at Tenant's sole cost cause 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 requirement prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning systems. In the event that Tenant shall require air-conditioning, or heating systemat such 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 by 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) Air-conditioning service ("A/C Service") shall be furnished to Provide cleaning and janitorial services on Business Days in accordance with 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 (cleaning specifications annexed hereto 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). Schedule F. Tenant shall pay to Landlord on demand all expenses the actual costs incurred by Landlord for (a) extra cleaning work in connection with the maintenance and repair 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 A/C Unit. In the event demised premises for preparation, serving or consumption of the total breakdown food or beverages, data processing, or reproducing operations in excess of the A/C Unit In such a manner that the same cannot reasonably be repairedthose customarily incident to typical executive office use, Landlord shall replace the A/C Unit at its own cost and expense. All electricity used in connection with the operation private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas (iii) unusual quantity 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 Unitinterior glass surfaces, and any replacements thereof (iv) non-building standard materials or additional units finishes installed by Tenant during or at its request and (b) removal from the Term, demised premises and the Building of so much of any refuse and rubbish of Tenant as shall be and remain at all times exceed that ordinarily accumulated daily in the property routine of business office occupancy. Landlord, its cleaning contractor and Tenant their employees shall surrender have After Hours access to the A/C Unit demised premises and all such repairs the free use of light, power and replacements to Landlord water in good working order and condition on the Expiration Date. If any permit or license shall be demised premises as reasonably required for the operation purpose of any A/C Unit serving cleaning the Demised Premises, Landlord shall have the option of 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 demised premises in accordance with 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’s obligations hereunder. (d) Furnish hot and cold water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air-conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accident, emergency, mechanical breakdown, accident or when required by any law, order or regulation of any federal, state, county or municipal authority, emergency or for any other cause beyond repairs, alterations, replacements or improvements. Notwithstanding anything contained herein to the reasonable control of Landlord. Landlord contrary, in the event that the demised premises 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 rendered untenantable for as short a period of time as circumstances will permit. No diminution or abatement of rent or other compensation shall or will be claimed 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 therefrom, nor shall this Lease or of the stoppage of any of the obligations 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 throughout such period of untenantability Tenant actually discontinues use of the entire demised premises for the conduct of its business, then unless such failure by Landlord to provide such service is caused by the negligence or intentional or wrongful act or omission of Tenant, its agents, employees, contractors or invitees, the fixed annual rent and additional rent payable pursuant to Article 3 hereof shall xxxxx beginning on the day following the expiration of such thirty (30) day period and continuing for the remainder of any such period of untenantability for until such earlier date as Tenant resumes occupancy of any portion of the demised premises for the conduct of business. 21.03 Landlord may prohibit one or more persons, firms or corporations from furnishing laundry, linen towels, drinking water, ice, food or beverages or other similar supplies and services to tenants and licensees in the Building for security reasons or other reasonable causes. Landlord may fix, in its commercially reasonable discretion, at any time from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. It is understood, however, that Tenant or regular office employees of Tenant be affected or reduced who are not employed by reason any supplier of such interruptionfood or beverages or by any person, curtailment firm or suspensioncorporation engaged in the business of purveying such food or beverages, may personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, but not 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. 21.04 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

Samples: Lease Agreement (Varonis Systems Inc)

SERVICES AND EQUIPMENT. Section 21.01. 21.01 So long as Tenant is not in default default, beyond any applicable notice and cure periods, under any of the covenants of this Lease, Landlord shall, at its cost and expense: (a) Provide necessary elevator facilities on during Business Hours of Business Days from 8:00 A.M. to 6:00 P.M. and shall have sufficient elevators available 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 have access make all arrangements for, and pay all expenses incurred in connection with, use of the freight elevators servicing the demised premises. All scheduling of the freight elevators shall be done by advanced reservation on a first come, first serve basis. Landlord agrees that during the Business Hours on Business Days there shall be no charge for Tenant's normal use of the freight elevators servicing the demised premises. However, Tenant acknowledges that (x) Tenant's use of such freight elevator is non-exclusive and subject to scheduling by Landlord, (y) if Tenant's use of such freight elevator for transporting materials, supplies, equipment, machinery, furniture or furnishings will, in Landlord's reasonable opinion, disrupt the Demised Premises twentyoperation of the Building (including the normal use of the freight elevators), then Tenant will only be permitted to use such freight elevator during non-Business Hours. Tenant shall be obligated to pay for any usage of the freight elevator during hours other than Business Hours on Business Days at Landlord's actual cost therefor and (z) there is a four (244) hour minimum usage of the freight elevator during hours a day, seven (7) days per weekother than Business Hours on Business Days. (b) Maintain and keep in good order and repair Furnish heat to the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on demised premises during Business Hours of Business Days, and shall be effective from 8:00 A.M. to 6:00 P.M. . Landlord shall have no responsibility or liability 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 pursuant to this paragraph. (c) Furnish cold water for lavatory and drinking and office cleaning purposes. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole riskTenant, responsibility and hazard of Tenant. 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 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. 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining right to install a hot water heater to provide hot water to 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposesdemised premises. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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 on demand for the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. (d) Provide Tenant with up to ten (10) listings in the Building's lobby directory; provided such number is not more than Tenant's percentage share of the Building. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or suspend 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. 21.03 Tenant shall clean and maintain the demised premises and shall contract directly with the cleaner and a carting company for rubbish removal designated by Landlord from time to time to render such services required to tenants of the Building, provided the rates charged by the cleaner and carting company shall be commercially reasonable. 21.04 It is expressly agreed that only Landlord or any one or more persons, firms or corporations reasonably authorized in writing by Landlord will be permitted to furnish laundry, linen, towels, drinking water and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable 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 and under which, foods and beverages may be brought into Building by persons other than regular employees of Tenant. 21.05 Tenant shall, at its sole cost and expense, install, operate and maintain in good working order throughout the term of this Lease Building Standard (as defined in Section 50.05(i)) air cooled packaged air conditioning units (hereinafter the "Units") to be installed by Tenant, in accordance with plans and specifications approved by Landlord under (in accordance with Article 50 below), on the seventeenth (17th) and eighteenth (18th) floors of the demised premises pursuant to Section 50.06 hereof. Such maintenance obligations shall be performed throughout the term of this Article 21 when Lease, on Tenant's behalf and at Tenant's expense, by a reputable air conditioning maintenance company, first approved by Landlord. Tenant's obligation to maintain the necessity therefor arises Units shall include, but not be limited to, the periodic cleaning and/or replacement of filters, replacements of fuses and belts, the calibration of thermostats and all startup and shut down of the Units. Tenant shall, at its sole cost and expense, perform any and all necessary repairs, and cause any and all replacements of, the Units. The Units and any replacements thereof shall be and remain at all times the property of Landlord, and Tenant shall surrender the Units and all such replacements to Landlord on the Expiration Date. 21.06 Landlord shall provide to Tenant reasonable riser and shaft space, as designated by reason of accidentLandlord, emergencyin the Building and provide Tenant with reasonable access to telephone closets serving the demised premises on the seventeenth (17th) and eighteenth (18th) floors. 21.07 Tenant shall have access to the Building 24-hours a day, mechanical breakdown7-days a week, or when required by any law52-weeks a year, order or regulation of any federalsubject to Landlord's reasonable security procedures, state, county or municipal authority, or for force majeure and any other cause conditions and circumstances beyond the reasonable control of Landlord. 's control. 21.08 Landlord shall use due diligence will not be required to complete all required repairs or furnish any other necessary work services, except 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall otherwise provided in this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionLease.

Appears in 1 contract

Samples: Sublease Agreement (Eyetech Pharmaceuticals Inc)

SERVICES AND EQUIPMENT. Section 21.0121.1. 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 elevator facilities on Business Days (as such term is defined in Article 22 hereof) from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. and shall have sufficient elevators available 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. In the event that Tenant shall have access require elevator facilities at such times as same are not furnished by Landlord, Tenant shall give Landlord reasonable advance notice of such requirement and, if same is furnished by Landlord, Tenant agrees to pay the Demised Premises twenty-four (24) hours a day, seven (7) days Landlord's charges therefor. Landlord's current charge therof or is $50.00 per weekhour per elevator. Such charges may be increased in the future in proportion to increases in Landlord's cost of rendering such service. (b) Maintain and keep in good order and repair the Building system air conditioning, heating and ventilating system installed by Landlord. The aforesaid system systems will be operated by Landlord function when seasonably required on Business Days, from 7:00 A.M. to 7:45 P.M. and shall be effective on Saturdays from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability 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 heat, ventilation or air conditioning pursuant to this paragraphsubsection. Landlord has informed Tenant that the windows of the demised premises and the Building are sealed, and that the demised premises may become uninhabitable during the hours or days when Landlord is not required pursuant to this subsection to furnish heat, ventilation or air conditioning. Any use or occupancy of the Demised Premises demised premises during the hours or days Landlord is not so required to furnish heat heat, ventilation or air conditioning to the Demised Premises demised premises shall be at the sole risk, responsibility and hazard of Tenant. If Such condition of 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 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 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. It is Landlord's recommendation that Tenant shall in any event cause all of the windows in the Demised Premises demised premises to be kept closed to facilitate proper functioning of the heating system. If Tenant and shall elect not to do so, any improper functioning of the heating system resulting therefrom shall be the sole responsibility of Tenant to cure (at Tenant's sole cost cause 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, ventilating and air conditioning systems including without limitation, the lowering and closing of venetian blinds in the demised premises during daylight hours. Tenant hereby acknowledges that it is responsible for part of the cost of the electric energy required to operate the heating, ventilating and air conditioning systems serving the demised premises. In the event that Tenant shall require air conditioning, heating systemor ventilation at such times as same are not furnished by Landlord, Tenant shall give Landlord reasonable advance notice of such requirement and, if same is furnished by Landlord, Tenant agrees to pay the Landlord's charges therefor. Landlord's current charge therefor is as follows: (i) $61.50 per hour for the first floor of the demised premises or part thereof and (ii) $23.58 per hour for each additional floor of the demised premises or part thereof. Such charges may be increased in the future in proportion to increases in Landlord's cost of rendering such service. In addition to the foregoing charges, Tenant shall pay an additional charge of $.s0 per annum per rentable square foot of the zone(s) as to which Tenant shall request 24 hour air--conditioning service. (c) Air-conditioning service Provide cleaning and janitorial services on Business Days as set forth on Exhibit E hereof to all areas of the demised premises, other than the Exercise Facility, provided however, Tenant shall pay to Landlord on demand the costs incurred by Landlord for ("A/C Service"a) extra cleaning work 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 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 be furnished exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises by way of an existing air-cooled package type air-conditioning unit (demised premises and the "A/C Unit"). Tenant shall, at use Cat Tenant's expense) of light, maintain power 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 water in the Demised Premises 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 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 for the operation purpose of any A/C Unit serving cleaning the Demised Premises, Landlord shall have the option of 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 demised premises in accordance with 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 Unitobligations hereunder. (d) Furnish hot and cold water for lavatory, drinking lavatory and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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, as measured by said meter or meters or as otherwise measured, including without limitation, sewer rents. Section 21.02(e) Tenant shall have 24 hour access to the ii demised premises. 21.2. A. Landlord reserves the right without any liability whatsoever, or (except as provided in Article 34 hereof) abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or suspend 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 the Tenant's use and enjoyment of the demised premises but nothing herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis. 21.3. Tenant shall reimburse Landlord for the cost to Landlord of 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 the routine of business office occupancy. 21.4. It is expressly agreed that only persons, firms or corporations approved in writing by Landlord will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages and other similar supplies and services required to tenants and licensees in the Building which approval shall not be unreasonably withheld. Landlord may fix, 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 as may be required in Landlord's reasonable judgment for the security of the Building and its occupants. It is understood, however, that Tenant or regular office employees 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 personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, but not for resale to or for consumption by any other tenant. 21.5. Tenant agrees to employ such office maintenance contractor as Landlord may from time to time 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 such contractor without Landlord's prior written consent. 21.6. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease. 21.7. Subject to Landlord's approval, Tenant shall be permitted, with respect to those portions of the lobby of the Building which provide access only to the demised premises and not to the premises of any other tenant or occupant, to install, maintain and operate, at Tenant's expense, a security desk to screen or restrict access to or from the demised premises. The size, color, location and design of any such installation as well as the materials used in connection therewith and the appearance of the personnel utilized to operate the same, shall be subject to Landlord's approval. If at any time Landlord shall disapprove of the comportment or behavior of personnel assigned to operate any such installation or the condition of such installation, Tenant shall take measures to remove and replace such personnel or remedy such condition. Nothing contained in this Section 21.07 shall be deemed to inhibit Landlord's right of access to the demised premises pursuant to Article 15 hereof or any other applicable provision of this Lease. 21.8. With respect to any elevators providing access exclusively to the demised premises (i.e., elevators which are not utilized by other tenants or occupants for access to premises occupied by or demised to them), Tenant shall, in accordance with Article 6 hereof and any other applicable provision of this Lease and subject to Legal Requirements, be permitted to install, operate and maintain a card key or other security system designed to restrict access only to authorized persons. The type of system utilized as well as the manner of installation thereof shall be subject to Landlord's prior approval, which shall not be unreasonably withheld. 21.9. With respect to any facilities or equipment of the type contemplated by Section 21.07 or Section 21.08, if at any time hereafter the size of the demised premises shall be reduced such that elevators or other means of access which were previously utilized exclusively by Tenant are no longer exclusively utilized by Tenant (i.e., are required for access by other tenants or occupants), the permission granted pursuant to Sections 21.07 and/or 21.08 may be revoked, and in any such event Tenant shall remove the same and restore the affected portions of the lobby and/or elevators to their condition existing prior to such installation reasonable wear and tear excepted. The foregoing removal and restoration may also be required by Landlord under this Article 21 when as to any such facilities up to ninety (90) days before the necessity therefor arises by reason expiration of accident, emergency, mechanical breakdown, or when required by any law, order or regulation the term 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall this Lease or by notice from Landlord to Tenant given at any of time up to sixty (60) days before the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionExpiration Date.

Appears in 1 contract

Samples: Lease Agreement (Priceline Com 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 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 sufficient elevators available 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 have access provide freight elevator service to the Demised Premises twentydemised 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 of all elevators shall be on a non-four (24) hours a day, seven (7) days per week.exclusive basis and shall be subject to Landlord's Freight Elevator Rules and Regulations which in their current form are annexed hereto as Schedule E. (b) Maintain and keep in good order and repair operate the heating system installed by Landlord. The aforesaid and shall, subject to the design specifications of the heating system will be operated by Landlord when seasonably required on Business Daysand 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 effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability provided, as may be required for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or comfortable occupancy of the Demised Premises demised premises during regular hours on Business Days during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 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. 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 systemseason. If Tenant shall elect not to do sorequire Heat service during hours other than regular hours or on days other than Business Days (hereinafter called "After Hours"), any improper functioning of the heating system resulting therefrom 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 subject to increases from time to time in the sole responsibility of Tenant to cure (at Tenantsame percentage as increases in Landlord'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 systemcosts. (c) Air-Supply air conditioning service (hereinafter referred to as "A/C Serviceservice") to the demised premises, subject to the design specifications of the systems annexed hereto as Schedule F and to energy conservation requirements of, and voluntary energy conservation programs sponsored by, 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 Tenant shall pay, on 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 furnished subject to increases from time to time in the Demised Premises by way same percentage as increases in Landlord's costs. If Tenant's manner of an existing air-cooled package type us and occupancy are consistent with the design specifications of the air-conditioning unit system (i.e., electrical usage not ---- exceeding 5 xxxxx per square foot of ceiling area, etc.) and, notwithstanding that the "A/C Unit"). Tenant shallsame are not exceeded, 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 service provided to those portions of the A/C Unit. demised premises located proximately to core facilities is inadequate in accordance with usual Building Standards, Landlord hereby agrees to "balance" the A/C Service in the Demised Premises as part of shall at 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 expense provide such supplemental 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 to the maintenance and repair of the A/C Unit. In the event of the total breakdown of the A/C Unit In such 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 6th floor Space as may be required for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 Unitprovide design conditions. (d) Provide cleaning and janitorial services on Business Days in accordance with the cleaning specifications annexed hereto as Exhibit C. Tenant shall pay to Landlord 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 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 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 the routine of business/sales office occupancy. Landlord, its cleaning contractor and their employees shall have After Hours access to the demised premises and the free use of light, power and water in the demised premises as reasonably required for the purpose of cleaning the demised premises in accordance with Landlord's obligations hereunder. (e) Furnish hot and cold water for lavatory, lavatory and drinking and office cleaning purposespurposes ("Customary Water Uses"). If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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 consumedconsumed (for other than Customary Water Uses), as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Any use of the demised premises, or any part thereof, or rearrangement of partitioning in a manner that interferes with normal operation of the heat and air-conditioning systems (hereinafter called the systems) servicing the same, may require changes in such systems. Such changes, when so occasioned, shall be made by Tenant, at its expense, subject to Landlord's prior written approval 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 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, or by written notice to Tenant requiring Tenant, at Tenant's expense, to obtain and maintain any such permit or license. 21.04. Landlord reserves the right without any liability whatsoever or except as hereinafter in this Section 21.04 provided, abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air-conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accident, emergency, mechanical breakdown, accident or when required by any law, order or regulation of any federal, state, county or municipal authority, emergency or for any other cause beyond the reasonable control of Landlordrepairs, alterations, replacements or improvements. Landlord shall use due diligence reasonable efforts, to complete all required repairs 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 Landlord shall have no obligation to employ contractors or labor at overtime 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 permitpremium-pay rates or to incur any other overtime costs or expenses whatsoever. No such stoppage or interruption shall result in any liability from Landlord to Tenant or entitle Tenant to any 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 any such stoppage or interruption; provided, however, that if such stoppage or interruption is not the result of any act or omission of Tenant or its agents, contractors or employees and if such interruption renders the demised premises untenantable for more than seven (7) consecutive Business Days ("Untenantability Period"), and during such Untenantability Period, Tenant shall not have been using or occupying the demised premises for the conduct of its business, and Tenant shall have given Landlord notice thereof, then as Tenant's sole remedy, fixed rent and additional rent shall xxxxx 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 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, curtailment or suspension. 21.05. Landlord may fix, in its own reasonable discretion 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 laundry, linen towels, drinking water, ice or other similar supplies and services to tenants in the Building are to be furnished or other deliveries (including food and beverages) are made and Landlord furthermore expressly reserves the right to exclude from the Building, in its own reasonable discretion taking into account the security of the Building, any person, 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 also understood that Tenant or regular office employees 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 personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, but not 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. 21.06. 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

Samples: Lease Agreement (Interep National Radio Sales Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the covenants of this Lease, 21.1 Landlord shall, at its cost and expense: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 sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week.upon reasonable notice from Tenant; (b) Maintain and maintain, keep in good order repair and repair provide the services of the Building system air-conditioning, heating and ventilating system ("HVAC SYSTEM") installed by Landlord. Landlord in accordance with the design criteria annexed hereto as EXHIBIT E. The aforesaid system systems will be operated by Landlord function when seasonably required on during Business Days, and Hours. The cooling season for the purposes of this Lease shall be effective from 8:00 A.M. to 6:00 P.M. May 15 through September 15 of each calendar year. Landlord shall have no responsibility or liability 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 heat, ventilation or air-conditioning pursuant to this paragraphsubsection. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole riskIn any event, responsibility and hazard of Tenant. 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 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. 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 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 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 systemor ventilation at such times as same are not furnished by Landlord, Tenant shall give Landlord at least 24-hours advance notice of such requirement, and Tenant agrees to pay the Landlord's prevailing rate therefor as additional rent. (c) Airprovide cleaning and janitorial services on Business Days in accordance with the specifications annexed hereto as EXHIBIT F; provided, however, Tenant shall pay to Landlord 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 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 office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-conditioning service building standard materials or finishes installed by Tenant or at its request, and ("A/C Service"b) removal from the demised premises and the Building of so much of any refuse and rubbish of Tenant as shall be furnished exceed that 48 ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises by way of an existing air-cooled package type air-conditioning unit demised premises and the use (the "A/C Unit"). Tenant shall, at Tenant's expense) of light, maintain power 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 water in the Demised Premises 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 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 for the operation purpose of any A/C Unit serving cleaning the Demised Premises, Landlord shall have the option of 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 demised premises in accordance with 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.obligations hereunder; and (d) Furnish furnish hot and cold water for lavatory, drinking lavatory and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. Section 21.02. A. 21.2 Landlord reserves the right to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air-conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord will notify Tenant in advance of any such stoppage 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 but nothing herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis unless requested to do so by, and at the expense of, Tenant. 21.3 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages and other similar supplies and services to tenants and licensees in the Building provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Landlord may fix, in its own 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 person, 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 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 personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, but not 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. 21.4 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 when required by otherwise, shall not operate to vest any law, order right 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall 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 of the obligations of Tenant such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.6 Landlord will not be affected or reduced by reason of such interruptionrequired to furnish any other services, curtailment or suspensionexcept as otherwise provided in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interliant Inc)

SERVICES AND EQUIPMENT. Section 21.0119.01. For purposes of this Lease, (a) the term Business Days. shall mean all days excluding Saturdays, Sundays and days observed by the City of New York;, the State of New York or Federal Government as legal holidays, and further excluding holidays established by any union contract applicable to Building employees, and (b) the term Business Hours. shall mean the hours from 8:00 a.m. to 6:00 p.m. of Business Days. Section 19.02. 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 provide necessary elevator facilities on during Business Hours of Business Days from 8:00 A.M. to 6:00 P.M. and shall have 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week.; (b) Maintain maintain and keep in good order and repair the air conditioning, heating system and ventilating systems installed by Landlord. The Landlord and operate the aforesaid system will be operated by Landlord systems when seasonably required during Business Hours on Business Days, ; (c) provide Building standard cleaning and shall be effective from 8:00 A.M. janitorial services to 6:00 P.M. the Demised Premises in accordance with the provisions of Exhibit B hereof; and (d) furnish hot and cold water for lavatory and drinking and office cleaning purposes. (e) provide exclusive overtime use of the freight elevator of the Building for Tenant's move-in at a cost of 550.00 per hour subject to advance reservation by Tenant in accordance with Landlord's then customary practice. Landlord shall have no responsibility or liability for the ventilating conditions and/or and or temperature of the Demised Premises during the He hours or days Landlord is not required to furnish heat heat, ventilation or air conditioning pursuant to this paragraphsection. Landlord has informed Tenant that the windows of the Demised Premises and the Building are or may sealed, and that the Demised Premises may become uninhabitable and the air therein may become unwholesome during the hours or days when Landlord is not required pursuant to this paragraph to furnish heat, ventilation or air conditioning. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat heat, ventilation or air conditioning to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. If Such condition of 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 eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make snake any claim for any damages or compensation by reason of such condition of the Demised Premises. It is Landlord's recommendation that Tenant shall in any event cause all of the windows in the Demised Premises to be kept closed to facilitate proper functioning of the heating system. If Tenant and shall elect not to do so, any improper functioning of the heating system resulting therefrom shall be the sole responsibility of Tenant to cure (at Tenant's sole cost cause 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 the Demised Premises by way of an existing air-cooled package type heating, ventilating and air-conditioning unit systems. In the event that Tenant shall require air conditioning, heating or ventilation at times when same are not required to be furnished by Landlord, Tenant shall give Landlord at least twenty-four (the "A/C Unit"). 24) hours' advance notice of such requirement and, if same is furnished by Landlord, 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 pay Landlord's Work, however, it is understood that then established charges therefor as additional rent. 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 responsibility or liability of any kind or nature whatsoever in connection with the installation, operation, maintenance and or repair of the A/C Unit. In the event of the total breakdown of the A/C Unit In such a manner that the same cannot reasonably be repairedTenant's supplemental autonomous heating, 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 Landlordventilating and/or air conditioning units, 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 agrees so pay Landlord's then established charges for condenser water if furnished for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposesthereof. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord installing may install a meter or meters or use other means to measure Tenant's water consumptionconsumption for all purposes, and Tenant further agrees to shall reimburse Landlord for the cost of the mater meter or meters and the installation thereof, and to shall pay for the maintenance of said meter mater 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, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.0219.03. A. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 21 19 when the necessity therefor therefore arises by reason of accident, . emergency, mechanical breakdown, or when required by any law, 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 reasonable efforts to complete all required repairs or other necessary work as quickly as possible so that Tenant's Tenants inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. Section 19.04. No diminution Tenant shall reimburse Landlord for the cost to Landlord of removal from the Demised Premises and the Building of so much of ally refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy or abatement by any use of rent the Demised Premises during other than Business Hours. Section 19.05. It is expressly agreed that only Landlord or other compensation shall any one or more persons, firms or corporations authorized in writing by Landlord will be claimed permitted to furnish laundry, linen, towels, drinking water, ice and other similar supplies and services to tenants and occupants of the Building. Tenant agrees to employ such office maintenance contractor as Landlord may from time to time 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 Premise: provided that the quality thereof and the charges therefor are reasonable' comparable to that of other contractors. Tenant, at its sole cost and expense, shall cause the Demised Premises to be exterminated on at least a monthly basis to the satisfaction of Landlord and shall for such purposes employ exterminators designated by Tenant as a result therefrom, nor shall Landlord. Section 19.06. Landlord acknowledges (subject to this Section 19.06 and the provisions of this Lease or any concerning approval of Tenants Work;) that Tenant intends to install, and, subject to the approval of Tenant's plans and specifications therefor, Landlord hereby agrees the Tenant may install a separate supplemental air-conditioning system seating the Demised Premises. Landlord shall tarnish, if requested by Tenant, condenser water for Tenant's separate air-conditioning system and the condenser water valves for Tenant to connect its system to the Building's condenser water riser at a cost of 5800 per year for each ton of rated capacity of the obligations air-conditioning equipment billed quarterly. If after the date of this Lease, the actual cost to Landlord of furnishing condenser water for Tenant's separate air-conditioning systems in the Demised Premises shall be increased then the aforesaid costs to Tenant shall be affected or reduced increased to fairly reflect the amount of the actual increase in cost per ton of rate capacity incurred by reason Landlord. Tenant shall provide and maintain at Tenants cost and expense as part of such interruptionits separate air-conditioning system, curtailment or suspensionif any, on each floor a door into the Building shaft through which its separate air-conditioning system is Connected to the Buildings condenser water conduits and grating and lights in each shaft, in accordance with Landlord's customary requirements therefore, and at each floor, an in-line condenser water pump. Tenant shall not install an air-cooled air-conditioning system.

Appears in 1 contract

Samples: Lease (New Horizons Worldwide 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 sufficient elevators P.M., holidays excepted. A passenger elevator 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per weekcustomary charges therefor. (b) Maintain and keep in good order and repair the heating Building standard heating, ventilating and air conditioning system servicing the Demised Premises (the "HVAC System") installed by Landlord, except for those repairs which are the obligation of Tenant pursuant to Article 6 of this Lease. The aforesaid system HVAC System will be operated by Landlord as and when seasonably required on Business Daysby law, and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or comfortable occupancy of the Demised Premises (as reasonably determined by Landlord) during the hours applicable seasons on Mondays through Fridays, from 8:00 A.M. to 8:00 P.M.; excepting Saturdays, Sundays and holidays, provided that Tenant shall draw and close the draperies or days Landlord is not so required to furnish heat to blinds for the windows of the Demised Premises shall be at whenever the sole risk, responsibility HVAC system is in operation and hazard of Tenant. 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 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 position of the Demised Premises. It is Landlord's recommendation that Tenant cause sun so requires and shall, at all times, cooperate fully with Landlord and abide by 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 the sole responsibility of Tenant to cure (at Tenant's sole cost reasonable Rules 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 Regulations which Landlord may prescribe for the proper functioning of the heating systemHVAC 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 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 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 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 Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises 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 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 xxxx therefor. Landlord, throughout the term, upon reasonable prior notice, and during business hours 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) Air-conditioning service ("A/C Service") Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be furnished to performed Saturdays, Sundays and holidays, all in accordance with Schedule D attached hereto. If, however, any additional cleaning of the Demised Premises is to be done by way of an existing air-cooled package type air-conditioning unit (the "A/C Unit"). Tenant shallTenant, it shall be done at Tenant's sole expense, maintain in a manner reasonably satisfactory to Landlord and repair and replace (as necessary) no one other than persons approved by Landlord shall be permitted to enter the A/C UnitDemised Premises or the Building for such purpose. Tenant, includingat its own cost, without limitation, the periodic may utilize its own employees or outside contractors to perform additional 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 services in the Demised Premises as part of 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 Work’s union contracts affecting the Building. If Tenant shall require additional cleaning services, Tenant may award a contract for such services to any contractor that is approved by Landlord; provided, however, it is understood that prior to making such award, Tenant shall inform Landlord of the terms upon which such contractor shall have no further obligation 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 "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)’s designated contractor. Tenant shall pay on demand all expenses incurred in connection with for the maintenance and repair cost of the A/C Unit. In the event of the total breakdown of the A/C Unit In services performed by such 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 designated contractor within ten (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 Unit10) days after being billed. (d) Furnish hot and cold water for lavatory, drinking lavatory and office cleaning purposes. If Tenant requires, uses or consumes water in excess of the amounts ordinarily required for any other purposesuch purposes, Tenant agrees to Landlord installing 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 mater 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 on demand the cost of all water consumed, consumed as measured by said meter or meters or as otherwise measured, including sewer rents. (e) If Tenant shall require and request any of the foregoing services at times other than above provided, 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 Landlord promptly the charges therefore following receipt of an invoice by Tenant at the then Building standard rate charged to other tenants in the Building, or such other rate as may be specified in this Lease. Section 21.02. A. Holidays shall be deemed to mean all federal holidays, state holidays and Building Service Employees Union Contract holidays. Section 21.03. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 21 Lease when the necessity therefor arises necessary by reason of accident, emergency, mechanical breakdown, breakdown or when required by any law, order or regulation of any federalFederal, stateState, county County or municipal 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 reasonably permit. No 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 shall or will be claimed by Tenant as a result therefromcompensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment curtailment, suspension, work or suspensioninconvenience. 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 Tenant shall not have used all or any part of the 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, Tenant shall not be entitled to any such rent abatement if (i) Tenant was able to use any part of the Demised Premises, (ii) the Interruption shall have been caused by an act or omission in violation of this Lease by or the negligence of Tenant, or of Tenant agents, servants, employees or contractors, or (ii) the Interruption arises from or relates to any unavoidable delays, including any matter beyond Landlord’s reasonable control.

Appears in 1 contract

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

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the covenants of this Lease, 21.1 Landlord shall, at its cost and expense: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 sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week.upon reasonable notice from Tenant; (b) Maintain and maintain, keep in good order repair and repair provide the services of the Building system air-conditioning, heating and ventilating system ("HVAC SYSTEM") installed by Landlord. Landlord in accordance with the design criteria annexed hereto as EXHIBIT E. The aforesaid system systems will be operated by Landlord function when seasonably required on during Business Days, and Hours. The cooling season for the purposes of this Lease shall be effective from 8:00 A.M. to 6:00 P.M. May 15 through September 15 of each calendar year. Landlord shall have no responsibility or liability 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 heat, ventilation or air-conditioning pursuant to this paragraphsubsection. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole riskIn any event, responsibility and hazard of Tenant. 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 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. 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 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 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 systemor ventilation at such times as same are not furnished by Landlord, Tenant shall give Landlord at least 24-hours advance notice of such requirement, and Tenant agrees to pay the Landlord's prevailing rate therefor as additional rent. (c) Airprovide cleaning and janitorial services on Business Days in accordance with the specifications annexed hereto as EXHIBIT F; provided, however, Tenant shall pay to Landlord 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 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 office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-conditioning service building standard materials or finishes installed by Tenant or at its request, and ("A/C Service"b) removal from the demised premises and the Building of so much 49 of any refuse and rubbish of Tenant as shall be furnished exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises by way of an existing air-cooled package type air-conditioning unit demised premises and the use (the "A/C Unit"). Tenant shall, at Tenant's expense) of light, maintain power 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 water in the Demised Premises 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 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 for the operation purpose of any A/C Unit serving cleaning the Demised Premises, Landlord shall have the option of 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 demised premises in accordance with 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.obligations hereunder; and (d) Furnish furnish hot and cold water for lavatory, drinking lavatory and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. Section 21.02. A. 21.2 Landlord reserves the right to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air-conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord will notify Tenant in advance of any such stoppage 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 but nothing herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis unless requested to do so by, and at the expense of, Tenant. 21.3 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages and other similar supplies and services to tenants and licensees in the Building provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Landlord may fix, in its own 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 person, 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 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 personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, but not 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. 21.4 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 when required by otherwise, shall not operate to vest any law, order right 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall 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 of the obligations of Tenant such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.6 Landlord will not be affected or reduced by reason of such interruptionrequired to furnish any other services, curtailment or suspensionexcept as otherwise provided in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interliant Inc)

SERVICES AND EQUIPMENT. Section 21.0127.1. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall, at its cost and Landlord's expense: (a) 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 27.3, have sufficient elevators available one passenger elevator on 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain Furnish and distribute to the Premises, through the HVAC System, during Operating Hours, air-conditioning, and heat or ventilation, as needed; provided that Tenant 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 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 27.3. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Premises by more persons than the number of persons for which HVAC System is designed. If Tenant occupies the Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if Tenant's partitions are arranged in such 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 ten (10) days after presentation of a xxxx 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 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 27.1 and under Section 27.2 are subject to applicable Requirements that may limit the hours or the extent to which Landlord is permitted to supply HVAC. (c) Furnish hot and cold water for ordinary drinking, cleaning and lavatory purposes. (d) Provided Tenant shall keep the Premises in good order order, Landlord, at Landlord's expense, shall cause the Premises, excluding any portions thereof used as secured areas, to be cleaned on Business Days in accordance with the cleaning specifications annexed to this Lease as Exhibit "D." 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 repair no one other than persons approved by Landlord shall be permitted to enter the heating system installed 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 66 Building or recommended by Landlord's cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink. The aforesaid system will Bills for the same shall be operated rendered by Landlord when seasonably required on Business Days, to Tenant at such time as Landlord may elect and shall be effective from 8:00 A.M. due and payable as Additional Rent within ten (10) days after the time rendered. Section 27.2. Landlord reserves the right to 6:00 P.M. 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 the ventilating conditions and/or temperature 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 the Demised Premises during the hours obtaining materials, accidents or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 by any provision thereof, nor shall it be deemed an 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. It is cause beyond 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining the same on Tenant's behalf and at Tenant's expensecontrol, or requiring Tenantby Requirements or failure of electricity, at Tenant's expensewater, steam, coal, oil or other suitable fuel or power supply, or inability by exercise of reasonable diligence 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 soelectricity, 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 ventswater, intakessteam, outlets and grillescoal, 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees to Landlord installing a meter or meters oil or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the mater suitable fuel 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right 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 law, 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 permitpower. 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; provided, however, that if the cessation is caused by Landlord and continues for more than three (3) days, then Fixed Rent shall xxxxx on a per diem basis from the fourth (4th) day until Landlord restores the Building services. Section 27.3. Tenant agrees to abide by all requirements which Landlord may prescribe for the proper protection and functioning of its Building Systems and the furnishing of the Building services. Tenant further agrees to cooperate with Landlord in any conservation effort pursuant to a program or procedure promulgated or recommended by ASHRAE or any Requirements.

Appears in 1 contract

Samples: Lease Agreement (Harrahs Entertainment Inc)

SERVICES AND EQUIPMENT. Section 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 elevator facilities during business hours on Business Days from 8:00 A.M. to 6:00 P.M. business days and shall have sufficient elevators available 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. (ii) Provide without additional charge non-exclusive freight elevator facilities on business days during usual hours of operation thereof. At all other times, Tenant shall have access be permitted by prearrangement on a first come first serve basis to schedule reserved freight elevator service. All such arrangements and use shall be subject to Landlord's Building rules therefor and union requirements and Tenant shall pay for the Demised Premises twenty-four (24) hours a day, seven (7) days per weekuse of the freight elevator at Landlord's standard rates then in effect. (b) Maintain and keep in good order and repair the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on Business Days, and at Landlord's expense, shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises 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 at the sole risk, responsibility and hazard comprised of Tenant. 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 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. 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 systemone thirty-five (35) ton water cooled unit. If Tenant shall elect not install supplemental air conditioning equipment in the demised premises, solely to do sothe extent the Building risers and tower have available capacity, any improper functioning 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 shall, during business hours of business days, at its expense (subject to recoupment under Section 3.04. hereof), operate the Base Building System servicing the public areas of the heating system 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 UnitBuilding. Landlord hereby agrees to "balance" shall operate the A/C Service Base Building System in the Demised Premises as part of Landlord's Workaccordance with its design criteria; provided, 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 may reduce such level of operation in accordance with a recognized energy or water conservation programs, guidelines, regulations or recommendations promulgated by a reputable airany Federal, State, City or other governmental or quasi-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 a manner that the same cannot reasonably be repairedgovernmental bureau, 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 Unitboard, and any replacements department, agency, office, commission or other subdivision thereof or additional units installed by Tenant during the TermAmerican Society of Heating, shall be Refrigeration and remain at all times the property of LandlordAir-Conditioning Engineers, 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 Inc. or any permit or license shall be required for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees to Landlord installing a meter or meters successor thereto or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rentsorganization serving a similar function. Section 21.02. A. Landlord reserves the right 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 law, 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 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.

Appears in 1 contract

Samples: Lease Agreement (Primus Guaranty LTD)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant this Lease is not in default under any of the covenants of this Leasefull force and effect, Landlord shall, at its cost and expense: (ai) Provide necessary elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. maintain and operate the heating system serving the demised premises, and shall have sufficient elevators available at all other timesfurnish heat in the demised premises as may be reasonably required for comfortable occupancy of the demised premises during Business Hours of Business Days. At Landlord's option, Landlord covenants and agrees that the elevators portion of the Building heating system (the "Premises Heating System") servicing the demised premises shall be operated by automatic control in good working order and in compliance with all Legal Requirements on or by manual control, or by a combination of both of such methods. before the day that Tenant shall have access to commence the Demised Premises twenty-four (24) hours a dayconduct of its business in the demised premises, seven (7) days per week. (b) Maintain and keep in good order that Landlord shall maintain and repair the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on Business Days, and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 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. 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 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 Heating System in good working order and condition on and in compliance with all Legal Requirements throughout the Expiration Date. If any permit or license term of this Lease and that the Premises Heating System shall be required for capable of maintaining inside conditions of approximately 65(degree)F dry bulb when the operation 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 Hours" shall mean 8:00 a.m. to 6:00 p.m. If Tenant shall require heat service at any A/C Unit serving the Demised Premisesother time, Landlord shall have the option of obtaining the same on Tenant's behalf and at Tenant's expense, or requiring Tenant, at Tenant's expense, to obtain and maintain any furnish 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 service for such times provided Tenant shall elect not give Landlord notice thereof for overtime evening service on any Business Day prior to do so, any improper functioning 1:00 P.M. of such Business Day and for such overtime service on weekends or holidays prior to noon on 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees to Landlord installing a meter or meters or other means to measure Tenant's water consumptionnext preceding Business Day, and Tenant further agrees shall pay to reimburse Landlord within fifteen (15) days after demand for such overtime service as set forth in the cost following sentence. As of the mater or meters and the installation thereofdate hereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost Building Standard charge for overtime heating is $25 per hour per floor (four (4) hour minimum required) subject to increase after the date hereof from time to time equal to 103% of other means of measuring actual increases after the date hereof in Landlord's out-of-pocket costs to provide same (but in no event shall such water consumption by Tenantcharge exceed the Building Standard charge therefor). Tenant shall reimburse Landlord the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right 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 law, 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 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.PARK AVE ARMORY/NYLPC - LEASE PT II

Appears in 1 contract

Samples: Lease Agreement (PPC Publishing Corp)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant this Lease is not in default under any of the covenants of this Leasefull force and effect, Landlord shall, at its cost and expense: (a) Provide necessary elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (bi) Maintain and keep in good order and repair the air-conditioning, heating and ventilating system installed by Landlord, which system is further described hereinbelow. The aforesaid "interior" portion of said system will be operated by Landlord when as seasonably required on Business Days, and shall be effective Days from 8:00 A.M. to 6:00 P.M. and the "perimeter" portion of said system shall be under Tenant's control. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat heat, ventilation or air-conditioning pursuant to this paragraph. Any use or occupancy Landlord has informed Tenant that the windows of the Demised Premises and the Building may be sealed and that accordingly, the Demised Premises may become uninhabitable and the air therein unbreathable during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. If the Demised Premises shall be uninhabitable during such times as when Landlord is not required pursuant to this paragraph to furnish heat to heat, ventilation or air-conditioning. Such condition of the Demised Premises pursuant to this paragraph, such condition shall not constitute nor be deemed to be constitute a breach or a violation of this Lease or of any provision thereof, nor shall it such condition of the Demised Premises constitute or be deemed to constitute an eviction and Tenant shall not claim nor shall Tenant claim or be entitled to claim any abatement of rent nor or make any claim for any damages or compensation by reason of such condition of the Demised Premises. It Any use or occupancy of the Demised Premises during the hours or days Landlord is Landlord's recommendation that not required to furnish heat, ventilation or air-conditioning to the Demised Premises pursuant to this paragraph shall be at the sole risk, responsibility and hazard of Tenant. Tenant shall in any event cause all of the windows in the Demised Premises to be kept closed to facilitate proper functioning of the heating system. If Tenant at all times and shall elect not to do so, any improper functioning of the heating system resulting therefrom shall be the sole responsibility of Tenant to cure (at Tenant's sole cost and expense). Tenant shall keep entirely unobstructed cause all of the vents, intakes, outlets and grilles, grilles in the Demised Premises to be kept entirely unobstructed at all times and times. Additionally, Tenant shall comply with and observe any and all reasonable rules, regulations and requirements hereafter prescribed by Landlord for the proper functioning of the heating heating, ventilating and air-conditioning system. (cii) AirThe heating, ventilating and air-conditioning service ("A/C Service") shall be furnished to system servicing the Demised Premises by way consists, as of the date hereof, of an existing air-cooled package type air-conditioning unit (the "A/C Unit")interior duct air distribution system and perimeter units. Tenant shall, at Tenant's expense, maintain and repair and replace (as necessary) the A/C Unit, including, without limitation, the periodic cleaning The perimeter units serve that portion 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 which is within 15 feet from the glass line of Landlord's Workthe Building and operate automatically, 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 commencing operation at 8:00 A.M. and ceasing operation at 6:00 P.M. The perimeter units may be performed throughout the Term by a reputable air-conditioning maintenance company engaged activated by Tenant at Tenant's expense (any other time and first approved upon activation will operate for a pre-programmed period of time and may be reactivated by Landlord). Tenant shall pay thereafter 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 a manner that the same cannot reasonably be repaired, Landlord shall replace the A/C Unit at its own cost and expensecontinuing basis. All electricity used in connection with the operation of the A/C Unit perimeter units 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. (iii) In the event that Tenant shall require operation of the "interior" portion of the air-conditioning, and any replacements thereof heating or additional units installed by ventilation system at times other than as described above, Tenant during the Termshall give Landlord at least twenty-four (24) hours advance notice of such requirement and, shall be and remain at all times the property of Landlordif reasonably practicable, Landlord will arrange for such operation 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 pay Landlord's recommendation that Tenant cause all established charges therefor as additional rent, including with respect to minimum number of the windows hours and/or minimum floor area for such operation. (c) Provide cleaning and janitorial services on Business Days as described 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 UnitSchedule D annexed hereto. (d) Furnish hot and cold water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. (e) Provide Tenant with its proportional share of directory listings on the Building lobby directory, free of charge to Tenant. Landlord may make a reasonable charge for any changes to the directory listings. Section 21.02. A. Landlord reserves the right 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 law, 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 do any work pursuant to complete all required repairs or other necessary work this Article in such a manner so as quickly as possible so that to minimize interference with Tenant's inconvenience resulting therefrom may be business, provided no additional costs, for as short a period of time as circumstances will permitlabor at overtime or premium rates, or otherwise, are incurred thereby. No diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result therefromof any interruption, curtailment or suspension of services, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspension. Section 21.03. Tenant shall reimburse Landlord for the cost to Landlord of 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 the routine of business office occupancy or by any use of the Demised Premises after customary business hours. Section 21.04. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to furnish laundry, linen, towels, drinking water, ice and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its sole and 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 person, firm or corporation attempting to furnish any of said supplies or services but not so designated by Landlord. Section 21.05. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to sell, deliver or furnish any food or beverages, either personally or through the use of vending machines, for consumption within the Demised Premises or elsewhere in the Building. Landlord expressly reserves the right to act as or to designate at any time, or from time to time, an exclusive supplier or suppliers of such food and beverages sold in the Building and Landlord further expressly reserves the right to exclude from the Building any person, firm or corporation attempting to purvey any such food or beverages but not so designated by Landlord. It is understood, however, that Tenant or regular office employees 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 personally bring or have delivered into the Building food or beverages for consumption within the Demised Premises by employees of Tenant, but not 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 or delivered into the Building by or for regular employees of Tenant. Notwithstanding the foregoing, it is understood that Tenant or regular office employees 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 personally bring food or beverages into the Building for consumption within the Demised Premises by employees of Tenant, but not for resale to or for consumption by any other tenant. It is further understood that Tenant may order food and beverages for delivery to Tenant in the Demised Premises for consumption by Tenant's employees and invitees from contractors, restaurants and caterers selected by Tenant, without obtaining Landlord's prior consent, provided however that if Landlord determines that the delivery by any such contractor, restaurant or caterer poses a security risk to the Building personnel or to other tenants in the Building or otherwise causes a nuisance or disruption in the Building, Landlord may exclude same from the Building. Section 21.06. Tenant agrees to employ such office maintenance contractor as Landlord may from time to time 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 shall not be unreasonably withheld (except that Tenant's own employees, not including any affiliate or Related Entity, may provide such services to Tenant only). Section 21.07. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease. Section 21.08. (a) Tenant, at its sole cost and expense, shall cause the Demised Premises to be exterminated on a monthly basis to the satisfaction of Landlord and shall for such purposes employ exterminators designated by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Medialink Worldwide Inc)

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SERVICES AND EQUIPMENT. Section 21.01SECTION 11.01 Lessor shall initially install the Building's standard HVAC system to serve the entire Premises. So long as Tenant Lessee is not in default under any of the covenants of this Lease, Landlord shall, at its cost and expense: (a) Provide necessary elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and Lessor shall have 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 have access subject to the Demised Premises twenty-four (24) hours a dayprovisions of Article 17 hereof provide heating, seven (7) days per week. (b) Maintain ventilating and keep in good order and repair the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on Business Days, and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 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. 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to the Demised Premises by way of an existing air-cooled package type air-conditioning unit (throughout the "A/C Unit"). Tenant shallPremises during Normal Business Hours and during normal heating and cooling seasons, at Tenant's expense, maintain and repair and replace (as necessary) provided 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 Building standard occupancy conditions are not exceeded in any partitioned area or subdivision 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 Premises. SECTION 11.02 Lessee understands that Landlord shall have no further obligation to "balance" the A/C Service after the Commencement Date. Such maintenance obligations , any occupancy of the Premises above the Building standard occupancy conditions, or any rearrangement of partitioning which interferes with normal operation of the HVAC system may require changes or alterations in said systems, or in the ducts through which the same operates, and Lessee accordingly agrees that any changes or alterations so occasioned shall be performed throughout made only with the Term prior written consent of Lessor and shall be done by a reputable Lessor, at Lessee's expense, and in accordance with the plans and specifications of Lessee to be submitted to and approved in writing by Lessor. Whenever heat-generating machines or equipment installed by Lessee affect the air-conditioning maintenance company engaged by Tenant at Tenantsystems or the population or electrical load exceeds the Building standard occupancy conditions, Lessor's expense (responsibility for providing heating, ventilating 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 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 air-conditioning shall be supplied reduced accordingly. Lessor reserves the right to install at Lessees expense supplementary air-conditioning equipment and equipment auxiliary to such supplementary air-conditioning equipment in the Premises, and the charge for such installation or operation shall be paid by Landlord Lessee to Lessor within ten (10) days of being billed therefor. SECTION 11.03 Should Lessee require heating, ventilating, or air-conditioning service on days or hours other than Normal Business Hours, Lessor shall, upon reasonable advance notice by Lessee, furnish such additional service and Lessee agrees to pay Lessor Ten Dollars ($10) per hour for such service within ten (10) days of being billed therefor. SECTION 11.04 Lessor shall provide passenger elevator service (which may be automatic, at Lessor's option) in common with others during Normal Business Hours and have an elevator servicing the Premises subject to all of the terms and conditions contained in Article 4 hereof. The existing A/C Unit, and call at 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 Unitother times. (d) Furnish SECTION 11.05 Lessor shall provide hot and unheated water for lavatory, toilet and ordinary cleaning purposes and cold water for lavatory, drinking and office cleaning purposespurposes drawn through facilities installed by Lessor. If Tenant Lessee requires, uses or consumes water for any other purposepurposes, Tenant Lessee agrees to Landlord installing the installation of a meter or meters or other means to measure TenantLessee's domestic water consumption, consumption and Tenant Lessee further agrees to reimburse Landlord pay Lessor, within ten (10) days of being billed therefor, for the cost of the mater 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 and for the cost of all water consumed, . The charge for all excess water consumed as measured by said meter or meters and sewage charges applicable to such water consumption shall be paid within ten (10) days of being billed therefor. SECTION 11.06 Lessor shall maintain and keep clean the plaza, plaza lobby, upper lobby, truck dock, public corridors and other public portions of the Building. SECTION 11.07 Lessee shall pay Lessor, within ten (10) days of being billed therefor, for the removal from the Premises and the Building of such refuse and rubbish of Lessee as shall exceed that ordinarily accumulated daily in the usual and customary business office. SECTION 11.08 Lessor shall provide standard cleaning and janitorial services in and about the Building and the Premises (Saturdays, Sundays and Holidays excepted), excluding office areas, in accordance with services normally found in first class office buildings in the City of Pittsburgh, Pennsylvania. SECTION 11.09 Notwithstanding anything to the contrary in this Article 11 or in this Lease contained, Lessor may institute such policies, programs and measure as may be necessary, required or expedient for the conservation and/or preservation of energy or energy services, or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right 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 law, 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 necessary to comply with applicable laws, codes, rules 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 suspensionregulations.

Appears in 1 contract

Samples: Office Lease (Nomos Corp)

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 commencing on the Lease Commencement Date and expenseduring the Term: (a) Provide necessary passenger elevator facilities on during Business Days from 8:00 A.M. to 6:00 P.M. Hours and shall have sufficient elevators available 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 have access to use passenger elevators solely for the Demised Premises twenty-four (24) hours a daytransportation of its employees and invitees and not for freight handling, seven (7) days per weekthe delivery of packages requiring hand trucks or other similar items or the removal of refuse. (b) Maintain and keep in good order and repair the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required Provide non-exclusive freight elevator service on a first come-first served basis (i.e., no advance scheduling) on Business Days, and shall be effective Days from 8:00 A.M. to 6:00 12:00 Noon and 12:30 P.M. Landlord shall have no responsibility or liability for to 5:00 P.M. and on a reserved basis at all other times upon the ventilating conditions and/or temperature payment of the Demised Premises during the hours or days Landlord is not required Landlord’s then established charges therefor. All deliveries to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises Tenant shall be made at freight docks located on the sole risk, responsibility and hazard of Tenant. If the Demised Premises shall be uninhabitable during ground floor or at such times other locations as Landlord is not required may from time 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 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. 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 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 heating systemtime designate. (c) Air-conditioning service ("A/C Service") Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. The cost of such cleaning and janitorial services provided to Tenant and other tenants and occupants of the Building shall be furnished to 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 included 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)Operating Expenses. Tenant shall pay on demand employ Landlord’s cleaning contractor 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 expenses incurred in connection with such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the maintenance and repair of the A/C Unit. In the event of the total breakdown of the A/C Unit In such 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 demised premises at all times the property of Landlord, after 5:30 P.M. and Tenant shall surrender the A/C Unit before 8:00 A.M. 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining the same on Tenant's behalf right to use, without charge therefor, all light, power 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 water in the Demised Premises demised premises reasonably required to be kept closed to facilitate proper functioning of clean 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)demised premises as required under this Section 21.01. Tenant shall keep entirely unobstructed all of the vents, intakes, outlets and grilles, at all times and shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and observe all reasonable regulations 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 requirements prescribed by Landlord for the proper functioning of the A/C UnitDevelopment (N.J.A.C. 7:7E—1.1). (d) Furnish hot Provide sewer service and cold furnish water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to that Landlord installing 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 cost of the mater 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 consumedconsumed 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. (e) Provide HVAC to the common areas of the Building, Chilled Water for cooling purposes to the on-floor fan-coil unit and hot water for heating purposes at the perimeter of the demised premises in accordance with the specifications set forth in Section 8.10 of the Tenant Criteria Manual. Landlord has previously installed the central chiller system and valve connections on each floor of the demised premises. The cost of providing Chilled Water and hot water to the common areas of the Building shall be deemed a component of Operating Expenses (except for those costs and expenses payable by Tenant as provided for, and to be paid for, in the manner as set forth below in Section 21.04) and Tenant shall pay Tenant’s Expense Share thereof in accordance with Article 3. Chilled Water shall be supplied to the demised premises and common areas of the Building by Landlord and Tenant shall pay the cost of the Chilled Water supplied to the demised premises in accordance with Section 21.04. The cost of operation, maintenance, service and repair (but not including any capital expenditures subject to Section 3.02.A.(d)). of the central chiller system installed by Landlord shall be deemed components of Operating Expenses and Tenant shall pay Tenant’s Expense Share thereof subject to and in accordance with Article 3. Tenant shall be responsible, at its sole expense, for the design, installation and operation of any supplemental air conditioning systems installed by Tenant within the demised premises and Tenant shall pay for any Chilled Water used in connection with such air conditioning systems in accordance with Section 21.04. Tenant shall maintain and repair Tenant’s air conditioning system in accordance with Section 7.06. (f) Lighting and electricity to the common areas of the Building; and (g) A security program with respect to ingress to and egress from the Building and the common areas of the Building, if any, in accordance with those specifications and/or rules implemented by Landlord (in Landlord’s discretion). Landlord shall provide Tenant with security access cards for all of Tenant’s employees without charge (and replacements and cards for new employees at Landlord’s standard charge therefor). 21.02. A. Landlord reserves the right In addition to interrupt, curtail or suspend the services required to be furnished or caused to be furnished by Landlord under in accordance with Section 21.01, Landlord, at Tenant’s expense, shall furnish or cause to be furnished the following additional services while Tenant is occupying the demised premises: (a) Extermination service administered to any kitchen, cafeteria or special food preparation areas on a regular basis, as reasonably determined by Landlord, for rodent and pest control or, in the event of infestation caused by or resulting from such areas, as the same may be required, as reasonably determined by Landlord, to eliminate such infestation; (b) Relamping of lighting fixtures within the demised premises and replacement of bulbs and ballasts at the request of Tenant; and (c) Installation and/or replacement, at Tenant’s request, of locks within the demised premises and the supplying of keys therefor; Notwithstanding anything to the contrary herein, Landlord shall have no obligation to provide the services described in sub-paragraphs (a), (b) or (c) above unless Landlord receives a written request for such service or services from Tenant; provided, however, in the event the demised premises contains any kitchen, cafeteria or special food preparation areas, Landlord may require Tenant to retain Landlord to provide the services contained in sub-paragraph (a) above. In the event Landlord receives such written request from Tenant and provides such service or services, Tenant shall pay, as additional rent, for Landlord’s furnishing of such service or services within thirty (30) days after its receipt of an invoice therefor. 21.03. If Tenant shall desire heating after Business Hours or freight elevator service at any time other than during Business Hours, such service or services shall be supplied to Tenant only at the request of Tenant, which request shall be made, with respect to heating after Business Hours, not later than 4:00 p.m. on the Business Day for which such service is requested or if such service is requested for Saturday, Sunday or a Holiday, by not later than 4:00 p.m. on the preceding Business Day, and with respect to freight elevator service, not later than 5:00 P.M. on the Business Day preceding such required extra usage (or before 12:00 P.M. on Friday for weekend overtime service), and Tenant shall pay to Landlord, as additional rent, the cost of heating supplied after Business Hours at Landlord’s standard rates and shall pay for Landlord’s standard rates for the furnishing of such freight elevator service, in each case within 30 Business Days after receipt of an invoice therefor. During the course of the Initial Work only, no charge shall be due for freight elevator service during Business Hours. 21.04. Tenant covenants and agrees to pay to Landlord the amounts for Chilled Water consumed by Tenant as indicated by a submeter measuring the demand for, and consumption of, Chilled Water current for the floor(s) on which the demised premises is located (based upon such formulas described on Schedule F attached to this Article 21 Lease, as mentioned below). Notwithstanding anything to the contrary contained herein (or on any such Schedule), if the demised premises is comprised of less than a full floor, (i) Landlord shall have the right to have Tenant’s share of Chilled Water measured based upon a survey conducted by an independent consultant and (ii) in the event Landlord exercises such right, Tenant covenants and agrees that an independent Chilled Water consultant shall make a survey of Chilled Water used in the demised premises (and also taking into account and including the costs of such expenses for the common areas located on such floor which are attributable and allocated by Landlord on an equitable basis to the demised premises) to determine the average monthly consumption thereof, and the cost of said survey shall be borne by Tenant, such cost not to exceed five hundred dollars ($500). The findings of said consultant as to the average monthly Chilled Water consumption of Tenant shall, unless objected to by Tenant within sixty (60) days, be conclusive and binding on Landlord and Tenant. After Landlord’s consultant has submitted its report, Tenant shall pay to Landlord, within ten (10) days after demand therefor by Landlord, the amount (based on the monthly consumption found by such consultant) as owing thereafter (except as otherwise specifically set forth herein) and such consultant’s determination of Tenant’s monthly consumption shall apply on a going-forward basis in lieu of the formula set forth in Schedule F hereof. Said amounts shall be treated as additional rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the Term commences or ends on any other than the first or last day of the month. If Tenant objects to said findings, Tenant shall nevertheless pay and continue to pay the amount determined by Landlord’s consultant until the issue is finally resolved, but Tenant may, at its expense, seek the services of an independent Chilled Water consultant who shall make a survey as provided above. If Landlord’s and Tenant’s consultants cannot agree as to Tenant’s consumption within thirty (30) days of Tenant’s consultant’s findings, either Landlord or Tenant may request the American Arbitration Association in Somerset, New Jersey to appoint a Chilled Water consultant whose decision shall be final and binding on Landlord and Tenant, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Tenant shall be promptly refunded. Provided Tenant strictly complies with all applicable provisions of the Lease, including, but not limited to, Articles 6, 7, 8 and 9 hereof, and further provided Tenant has not breached any provision of the Lease (after receipt of any required written notice and beyond the expiration of any applicable cure period), Tenant, at its expense, may install in the demised premises a submeter to measure the demand for and consumption of Chilled Water for just the demised premises. Tenant, at its cost, shall be responsible for the maintenance and repair of such submeter. Tenant shall pay Landlord upon its demand for all amounts of Chilled Water consumed by Tenant as indicated by such submeter, in accordance with the formula described in Schedule F. In addition, Tenant shall pay Landlord upon its demand for all amounts, as determined by Landlord based on Schedule F hereof and subject to Tenant’s Chilled Water Share, of Chilled Water consumed in or attributable to the common areas of the floor on which the demised premises are located. Tenant shall pay for such item(s) within thirty (30) days after rendition of bills therefor. In addition, Tenant shall also reimburse Landlord, upon demand, as Additional Rent, for Tenant’s Chilled Water Share of the costs attributable to the maintenance and repair of such submeters. Tenant shall be charged for all Chilled Water and non-Business Hours hot water for heating based upon such formulas described on Schedule F attached to the Lease. 21.05. Except to the extent otherwise set forth herein, 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 the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord 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. 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, and if not, then Landlord will not unreasonably withhold, delay or condition its consent) will be permitted to furnish laundry, cable television and other similar supplies and services to tenants and licensees in the Building (but not drinking water, ice, food or beverages, computer or copier repair services, or when required similar services, which Tenant may contract with at will). 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 lawsupplier of such food or beverages or by any person, order firm or regulation corporation engaged in the business of any federalpurveying such food or beverages, state, county may on an occasional or municipal authorityincidental 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 Tenant or Tenant’s representative accepts such deliveries in the lobby of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other cause beyond the reasonable control of Landlordtenant. 21.06. Landlord shall use due diligence will not be required to complete all required repairs or furnish any other necessary work services, except 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall otherwise provided in this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionLease.

Appears in 1 contract

Samples: Sublease Agreement (Scynexis Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as (a) Landlord shall throughout the Term, provided that Tenant is not in default under of any of the covenants terms or conditions of this Leaselease, Landlord shall, at its cost beyond applicable notice and expensegrace periods: (ai) Provide necessary provide Tenant with a separate and semi-exclusive entrance to the Building on 37th Xxxxxx xxgether with only the other tenants at the Building for which the 37th street entrance is its sole means of egress. One of the two existing elevators located in the 37th Xxxxxx xxxby shall be used for the sole and exclusive use of Tenant. The second elevator shall be made available to all tenants at 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 Business Days from 8:00 A.M. Days), will be provided to 6:00 P.M. and shall have 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 have access to the Demised Premises twenty-four (24) hours a 24 Hours per day, seven (7) 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. (bii) Maintain maintain and keep in good order and repair the heating and building- wide air-conditioning systems that serve the Premises. Landlord shall provide heat during Business Hours on Business Days and air-conditioning supplied by the Building's system installed (and not by Landlord. The aforesaid any supplemental system will be operated by Landlord when seasonably required servicing the Premises) during Business Hours on Business Days, maintaining interior conditions of 72(degree) - 77(degree) in the cooling season and shall be effective from 8:00 A.M. to 6:00 P.M. 66(degree)-74(degree) in the heating season and will provide fresh air in a quantity not less than .14 (14/100) cubic feet per minute per square foot of floor area provided that in any given room or area of the Premises the occupancy does not exceed one (1) person for each 100 square feet. Landlord shall have no responsibility or liability 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 paragraphArticle. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises Tenant shall be at the sole risk, responsibility and hazard of Tenant. 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 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. 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 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 grilles whenever the air-conditioning or 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 system. (c) Airheating, ventilating and air-conditioning service ("A/C Service") systems. Notwithstanding anything in this Lease to the contrary, Tenant shall be solely responsible for all maintenance costs of the 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 supplemental air- conditioning and ventilating systems serving the Premises. Subject to the provisions of Article 12 hereof all such electric energy shall be furnished by Landlord to 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 cost and expense (and first approved except for electric energy for the 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 Sundays all expenses incurred day which overtime charge may be increased by Landlord in connection with the maintenance and repair 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 A/C Unitsame 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 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 of another Tenant in the total breakdown of the A/C Unit In such a manner Building advises Landlord that the same cannot reasonably be repairedit requires overtime heating or air-conditioning service from Landlord and Tenant subsequently requests overtime heating or air-conditioning service, Landlord shall replace not charge Tenant for such overtime service so long as Landlord receives full compensation for such overtime service. (iii) Tenant shall maintain the A/C Unit Premises in a neat and clean manner. Tenant shall provide, at its own sole cost and expense. All electricity used in connection with the operation of the A/C Unit shall be supplied by Landlord upon , all cleaning supplies 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 materials as 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 for the operation of any A/C Unit serving the Demised Premisesdeems necessary, Landlord shall have no obligation to provide any cleaning services whatsoever or furnish any cleaning supplies or materials to the option Premises, except that Landlord shall be responsible for the carting and disposal of obtaining the same on all of Tenant's behalf refuse and at Tenant's expenserubbish. In consideration thereof, or requiring Tenant, at Tenant's expense, to obtain and maintain any such permit or license. It is Landlord's recommendation that the Fixed Annual Rent due hereunder shall be decreased ("Decrease") by Seventy-Eight Thousand Dollars ($78,000.00) per annum from the date Tenant cause all takes physical occupancy of the windows in Premises through the Demised Premises to be kept closed to facilitate proper functioning day immediately preceding the second anniversary of the A/C Unit. If Tenant Commencement Date, which Decrease shall elect not to do so, any improper functioning be increased on each anniversary of the A/C Unit resulting therefrom Commencement Date by multiplying the Decrease for the immediately preceding year by a fraction, the numerator of which shall be the sole responsibility of Tenant to cure (at Tenant's sole cost and expense). Tenant shall keep entirely unobstructed all CPI in effect on the immediately preceding anniversary of the ventsCommencement Date and the denominator of which shall be the CPI in effect on such anniversary of the Commencement Date. The amount of the Decrease, intakesfor each year of the Term, outlets (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 grillesthe Commencement Date of this Lease is December 1, at all times and shall comply with and observe all reasonable regulations and requirements prescribed by Landlord 1996, the total Decrease for the proper functioning period through the date preceding the second anniversary of the A/C UnitCommencement Date would be equal to $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 equal monthly installments of $11,375.00. (div) Furnish hot and cold water for lavatory, drinking drinking, plant watering and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes in unusual quantities, Tenant agrees to Landlord installing 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 mater 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 consumedconsumed in unusual quantities, including sewer rents, as measured by said meter or meters or as otherwise measured, including sewer rentsand the cost to heat such water. Section 21.02. A. (b) Landlord reserves the right right, without any liability whatsoever and without abatement of fixed annual rent or additional rent, to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air-conditioning, elevator, plumbing, sanitary, electric and other systems when the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord will notify Tenant in advance, or when required by any lawif possible, order or regulation of any federalsuch stoppage and, stateif ascertainable, county or municipal authorityits estimated duration, or for any other cause beyond and will proceed diligently with the reasonable control 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 Landlordthe Premises. Landlord shall use due diligence not be liable in any way to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be Tenant for as short a period of time as circumstances will permit. 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 failure of the obligations of Tenant be affected or reduced heating, air-conditioning, elevator, plumbing, sanitary, electric and other systems by reason of any failure or defect in the supply or character of electric energy furnished to the Building or the Premises by the public utility serving the Building. (c) Landlord, at Tenant's request, shall maintain listings on the Building directory of the names of Tenant, permitted assignees or subtenants, and the names of any of Tenant's officers and employees, provided, 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 interruptionlistings requested by Tenant shall be paid by Tenant to Landlord on demand. (d) Landlord shall not be required to furnish any other services, curtailment 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 suspensionwiring 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

Samples: Lease Agreement (Gt Interactive Software Corp)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the covenants of this Lease, 21.1 Landlord shall, at its cost and expense: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 sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week.upon reasonable notice from Tenant; (b) Maintain and maintain, keep in good order repair and repair provide the services of the Building system air-conditioning, heating and ventilating system ("HVAC SYSTEM") installed by Landlord. Landlord in accordance with the design criteria annexed hereto as EXHIBIT E. The aforesaid system systems will be operated by Landlord function when seasonably required on during Business Days, and Hours. The cooling season for the purposes of this Lease shall be effective from 8:00 A.M. to 6:00 P.M. May 15 through September 15 of each calendar year. Landlord shall have no responsibility or liability 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 heat, ventilation or air-conditioning pursuant to this paragraphsubsection. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole riskIn any event, responsibility and hazard of Tenant. 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 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. 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 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 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 systemor ventilation at such times as same are not furnished by Landlord, Tenant shall give Landlord at least 24-hours advance notice of such requirement, and Tenant agrees to pay the Landlord's prevailing rate therefor as additional rent. (c) Airprovide cleaning and janitorial services on Business Days in accordance with the specifications annexed hereto as EXHIBIT F; provided, however, Tenant shall pay to Landlord 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 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 49 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-conditioning service building standard materials or finishes installed by Tenant or at its request, and ("A/C Service"b) removal from the demised premises and the Building of so much of any refuse and rubbish of Tenant as shall be furnished exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the Demised Premises by way of an existing air-cooled package type air-conditioning unit demised premises and the use (the "A/C Unit"). Tenant shall, at Tenant's expense) of light, maintain power 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 water in the Demised Premises 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 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 for the operation purpose of any A/C Unit serving cleaning the Demised Premises, Landlord shall have the option of 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 demised premises in accordance with 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.obligations hereunder; and (d) Furnish furnish hot and cold water for lavatory, drinking lavatory and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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, as measured by said meter or meters or as otherwise measured, including including, without limitation, sewer rents. Section 21.02. A. 21.2 Landlord reserves the right to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air-conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord will notify Tenant in advance of any such stoppage 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 but nothing herein shall be deemed to require Landlord to perform the same on an overtime or premium pay basis unless requested to do so by, and at the expense of, Tenant. 21.3 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages and other similar supplies and services to tenants and licensees in the Building provided the quality thereof and the charges therefor are reasonably comparable to that of other suppliers of such services. Landlord may fix, in its own 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 person, 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 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 personally bring food or beverages into the Building for consumption within the demised premises by employees of Tenant, but not 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. 21.4 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 when required by otherwise, shall not operate to vest any law, order right 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall 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 of the obligations of Tenant such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 21.6 Landlord will not be affected or reduced by reason of such interruptionrequired to furnish any other services, curtailment or suspensionexcept as otherwise provided in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interliant Inc)

SERVICES AND EQUIPMENT. Section 21.0122.01. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shallLandlord, at its own cost and expenseexpense shall: (a) Provide necessary elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. service, during Operating Hours with the elevators serving the Demised Premises and shall have sufficient elevators available provide at least one passenger elevator 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 have times so as to provide access to the Demised Premises twenty-four (24) 24 hours a day, seven (7) days per a week.; (b) Maintain and keep Supply heat, when legally required, andventilation in good order and repair the heating system Demised Premises at all times during the year during the Operating Hours, all from the perimeter ducts heretofore installed by LandlordLandlord in the Demised Premises, subject to the terms and conditions set forth in subsection 22.01(c) below. The aforesaid system will be operated by Landlord when seasonably required on Business Days, and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat or ventilation pursuant to the first sentence of this paragraph. Landlord has informed Tenant that the windows of the Demised Premises and the Building may be sealed, and that the Demised Premises may become uninhabitable and the air therein may become unbreathable during the hours or days when Landlord is not required pursuant to this paragraphparagraph to furnish heat or ventilation. Any Insofar as air temperature and ventilation are concerned, any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat or ventilation to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. If Such condition of 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 thereofhereof, nor shall it be deemed an eviction any 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. It is Landlord's recommendation that Tenant shall in any event 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 the sole responsibility of Tenant to cure (at Tenant's sole cost and expense). Tenant closed; shall keep entirely unobstructed at all times all of the vents, intakes, outlets and grilles, at all times grills; and shall comply with and observe all reasonable regulations and requirements prescribed by Landlord for the proper functioning of the heating heating, ventilating and air-conditioning system.; (c) Air-conditioning service ("A/C Service") shall be furnished to the Demised Premises Provide on days other than Saturdays and union holidays as designated 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 Local 32B-32J of the A/C Unit. Landlord hereby agrees to "balance" the A/C Building Service Employees International Union, or any successor thereto, cleaning services in the Demised Premises as part and public portions of Landlord's Workthe Building in accordance with Exhibit B, provided, however, it is understood that except as may be otherwise provided by separate agreement Landlord shall have no further obligation not be obligated 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 clean any portion of the A/C Unit. In the event of the total breakdown of the A/C Unit In such 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 used for computer, storage or reproduction facilities, private lavatories or the preparation, dispensing or consumption of food and beverages (it being understood and agreed that the existing mens’ lavatory and women’s lavatory contained within the Demised Premises shall be considered to be kept closed to facilitate proper functioning general building restroom services for purposes 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 expensecleaning specifications contained in Exhibit B). 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) Furnish hot and cold water for lavatory,kitchen, cleaning and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to that Landlord installing 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 cost of the mater 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 Landlord for the cost of all water consumed, consumed as measured by said meter or meters or as otherwise measuredmeters, including sewer rents, and all other charges imposed by any authority, on, or measured by, the use of water at the rates (as averaged) charged Landlord by the supplier of such water; (e) Provide electrical current for the lighting of public stairs and other public areas, and building, exit and elevator directional signs during Operating Hours and when legally required; and (f) Provide chilled air during normal business hours from May 1st to September 30th each year to service the Sixteenth Floor of the Demised Premises to Building Standard but in no event less than the prevailing standard set by OSHA. Landlord shall maintain and repair the airconditioning equipment to service the Sixteenth Floor of the Demised Premises at its own cost and expense. Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the airconditioning system. Section 21.0222.02. A. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 21 22 when the necessity therefor arises by reason of accident, repairs, emergency, mechanical breakdown, or when required by any law, order or regulation of any federalFederal, stateState, county County or municipal Municipal authority, or as the result of the making by Landlord of any additions, improvements or installations in the Building or for any other cause beyond the reasonable control of Landlord. Landlord shall use due reasonable diligence to complete all required repairs or other necessary work as quickly as reasonably possible so that Tenant's ’s inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. 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. 22.03. Tenant shall reimburse Landlord for the costs to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant in excess of normal office waste, and Tenant shall pay all bills therefor when rendered.

Appears in 1 contract

Samples: Lease (Langer Inc)

SERVICES AND EQUIPMENT. Section 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 expense: (a) Provide necessary elevator facilities on during Business Hours of Business Days from 8:00 A.M. to 6:00 P.M. and shall have sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain and keep in good order and repair Furnish heat to the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on demised premises during Business Hours of Business Days, and shall be effective from 8:00 A.M. to 6:00 P.M. . Landlord shall have no responsibility or liability 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 pursuant to this paragraph. (c) Furnish cold water for lavatory, pantry, drinking and office cleaning purposes. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole riskTenant, responsibility and hazard of Tenant. 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 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. 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining right to install a hot water heater to provide hot water to 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposesdemised premises. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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 within twenty (20) days of demand for the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. (d) Provide Tenant with ten (10) listings in the Building's directory. (e) Upon reasonable prior notice from Tenant, provide heating, plumbing and other systems during non-Business Hours at Tenant's sole cost and expense which shall equal commercially reasonable rates imposed by Landlord therefor. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or suspend 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. Notwithstanding the foregoing or anything contained in Article 34 to the contrary, if and to the extent Tenant ceases operating its business in the demised premises based solely and directly upon Landlord's performance of work therein or Landlord's failure to provide services required to be furnished provided under this Lease, Tenant shall be entitled to a day-for-day abatement in rent. 21.03 Tenant shall clean and maintain the demised premises and shall contract directly with the cleaner and a carting company for rubbish removal reasonably designated by Landlord from time to time to render such services to tenants of the Building. 21.04 It is expressly agreed that only Landlord or anyone or more persons, firms or corporations reasonably authorized in writing by Landlord will be permitted to furnish laundry, linen, towels, drinking water, ice, and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable 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 and under which, foods and beverages may be brought into Building by persons other than regular employees of Tenant. 21.05 As part of Tenant's Work, Tenant shall install an air cooled packaged air conditioning unit (hereinafter called the "Unit") to provide air conditioning to the demised premises. Tenant shall, at its sole cost and expense, operate and maintain the Unit. Such maintenance obligations shall be performed throughout the term of this Article 21 when Lease, on Tenant's behalf and at Tenant's expense, by a reputable air conditioning maintenance company, first reasonably approved by Landlord. Tenant's obligation to maintain the necessity therefor arises by reason Unit shall include, but not be limited to, the periodic cleaning and/or replacement of accidentfilters, emergencyreplacements of fuses and belts, mechanical breakdownthe calibration of thermostats and all startup and shut down of the Unit. Tenant shall, or when at its sole cost and expense, perform any and all necessary repairs, and cause any and all replacements of, the Unit. The Unit and any replacements thereof shall be and remain at all times the property of Landlord, and Tenant shall surrender the Unit and all such replacements to Landlord on the Expiration Date. Landlord will not be required by any law, order or regulation of any federal, state, county or municipal authority, or for to furnish any other cause services, except as otherwise provided in this Lease. 21.06 Subject to the terms of this Lease and to force majeure and other matters beyond Landlord's control, Tenant shall have access to the reasonable control Building twenty-four (24) hours a day, seven (7) days per week. 21.07 Tenant shall make all arrangements for, and pay all expenses incurred in connection with, use of Landlordthe freight elevators servicing the demised premises. Landlord agrees that during the Business Hours on Business Days there shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that be no charge for Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 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 normal use of the obligations of freight elevators servicing the demised premises. However, Tenant be affected or reduced by reason acknowledges that (x) Tenant's use of such interruptionfreight elevator is non-exclusive and subject to scheduling by Landlord, curtailment (y) if Tenant's use of such freight elevator for transporting materials, supplies, equipment, machinery, furniture or suspensionfurnishings will, in Landlord's reasonable opinion, disrupt the operation of the Building (including the normal use of the freight elevators), then Tenant will only be permitted to use such freight elevator during non-Business Hours, in which event Tenant shall be obligated to pay for such usage at Landlord's actual cost therefor and (z) there is a four (4) hour minimum usage of the freight elevator on non-Business Days.

Appears in 1 contract

Samples: Lease Agreement (Innovo Group Inc)

SERVICES AND EQUIPMENT. Section 21.0127.1. So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall, at its cost and Landlord's expense: (a) 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 27.3, have sufficient elevators available one passenger elevator on 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain Furnish and distribute to the Premises, through the HVAC System, during Operating Hours, air-conditioning, and heat or ventilation, as needed; provided that Tenant 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 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 27.3. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Premises by more persons than the number of persons for which HVAC System is designed. If Tenant occupies the Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if Tenant's partitions are arranged in such 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 ten (10) days after presentation of a xxxx 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 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 27.1 and under Section 27.2 are subject to applicable Requirements that may limit the hours or the extent to which Landlord is permitted to supply HVAC. (c) Furnish hot and cold water for ordinary drinking, cleaning and lavatory purposes. (d) Provided Tenant shall keep the Premises in good order order, Landlord, at Landlord's expense, shall cause the Premises, excluding any portions thereof used as secured areas, to be cleaned on Business Days in accordance with the cleaning specifications annexed to this Lease as Exhibit "D." 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 repair no one other than persons approved by Landlord shall be permitted to enter the heating system installed 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. The aforesaid system will Bills for the same shall be operated rendered by Landlord when seasonably required on Business Days, to Tenant at such time as Landlord may elect and shall be effective from 8:00 A.M. due and payable as Additional Rent within ten (10) days after the time rendered. Section 27.2. Landlord reserves the right to 6:00 P.M. 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 the ventilating conditions and/or temperature 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 the Demised Premises during the hours obtaining materials, accidents or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 by any provision thereof, nor shall it be deemed an 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. It is cause beyond 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining the same on Tenant's behalf and at Tenant's expensecontrol, or requiring Tenantby Requirements or failure of electricity, at Tenant's expensewater, steam, coal, oil or other suitable fuel or power supply, or inability by exercise of reasonable diligence 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 soelectricity, 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 ventswater, intakessteam, outlets and grillescoal, 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees to Landlord installing a meter or meters oil or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the mater suitable fuel 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. Landlord reserves the right 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 law, 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 permitpower. 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; provided, however, that if the cessation is caused by Landlord and continues for more than three (3) days, then Fixed Rent shall xxxxx on a per diem basis from the fourth (4th) day until Landlord restores the Building services. Section 27.3. Tenant agrees to abide by all requirements which Landlord may prescribe for the proper protection and functioning of its Building Systems and the furnishing of the Building services. Tenant further agrees to cooperate with Landlord in any conservation effort pursuant to a program or procedure promulgated or recommended by ASHRAE or any Requirements. ARTICLE XXVIII [RESERVED]

Appears in 1 contract

Samples: Lease Agreement (Harrahs Entertainment Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the covenants of this Lease, 21.01 Landlord shall, at its cost and expense: (a) Provide necessary appropriate elevator facilities on during Business Hours of Business Days from 8:00 A.M. to 6:00 P.M. and shall have sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain and keep in good order and repair Furnish heat to the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on demised premises during Business Hours of Business Days, and shall be effective from 8:00 A.M. to 6:00 P.M. . Landlord shall have no responsibility or liability 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 pursuant to this paragraph. (c) Furnish cold water for lavatory and drinking and office cleaning purposes. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole riskTenant, responsibility and hazard of Tenant. 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 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. 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining right to install a hot water heater to provide hot water to 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) Furnish hot and cold water for lavatory, drinking and office cleaning purposesdemised premises. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to Landlord 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 mater 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 on demand for the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. (d) Provide Tenant with up to ten (10) listings in the existing Building's directory and, as and to the extent that a computerized directory is hereinafter installed in the Building, up to twenty-five (25) listings thereafter. (e) Upon reasonable prior notice from Tenant, provide air conditioning, heating, elevator, plumbing, electric and other systems during non-Business Hours at Tenant's sole cost and expense which shall equal the then current costs imposed by Landlord therefor. (f) Clean and maintain the lobby and other public common areas of the Building pursuant to a reasonable cleaning schedule determined by Landlord. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or suspend 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. 21.03 Tenant shall clean and maintain the demised premises and shall contract directly with the cleaner and a carting company for rubbish removal designated by Landlord (and charging competitive rates)from time to time to render such services required to tenants of the Building. 21.04 It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to furnish laundry, linen, towels, drinking water, ice, and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable 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 and under which, foods and beverages may be brought into Building by persons other than regular employees of Tenant. 21.05 As part of Tenant's Work, Tenant shall install an air- cooled packaged air conditioning unit on each floor of the demised premises (hereinafter called the "Units") to provide air conditioning to the demised premises. Tenant shall, at its sole cost and expense, operate and maintain the Units. Such maintenance obligations shall be performed throughout the term of this Lease, on Tenant's behalf and at Tenant's expense, by a reputable air conditioning maintenance company, first reasonably approved by Landlord. Tenant's obligation to maintain the Units shall include, but not be limited to, the periodic cleaning and/or replacement of filters, replacements of fuses and belts, the calibration of thermostats and all startup and shut down of the Units. Tenant shall, at its sole cost and expense, perform any and all necessary repairs, and cause any and all replacements of, the Units. The Units and any replacements thereof shall be and remain at all times the property of Landlord, and Tenant shall surrender the Units and all such replacements to Landlord under on the Expiration Date. 21.06 Subject to the terms of this Article 21 when Lease and to force majeure and other matters beyond Landlord's control, Tenant shall have access to the necessity therefor arises by reason of accidentBuilding twenty-four (24) hours a day, emergency, mechanical breakdown, or when seven (7) days per week. 21.07 Landlord will not be required by any law, order or regulation of any federal, state, county or municipal authority, or for to furnish any other cause beyond the reasonable control of Landlord. Landlord shall use due diligence to complete all required repairs or other necessary work services, except 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall otherwise provided in this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionLease.

Appears in 1 contract

Samples: Lease Agreement (THCG Inc)

SERVICES AND EQUIPMENT. Section 21.0128.1 Landlord shall (subject to Tenant’s reimbursement obligation pursuant to Article 4): (A) Provide passenger elevator service to the Premises 24 hours per day, seven days per week, 365 days per year. So long as Tenant is not in default under any 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 24 hours per day, seven days per week, 365 days per year. (C) Maintain and repair the HVAC System installed by Landlord, except for those repairs which are the obligation of the covenants Tenant pursuant to Article 7 of this Lease, Landlord shall, at its cost and expense: (a. Subject to the provisions of Section 28.1(F) Provide necessary elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. and shall have sufficient elevators available at all other times. At Landlord's optionbelow, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain and keep in good order and repair the heating system installed by Landlord. The aforesaid system HVAC System will be operated by Landlord when seasonably required on Business Days, as and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or comfortable occupancy of the Demised Premises (which shall mean in a temperature range of approximately 68º - 74º) during the hours applicable seasons during Operating Hours; provided that Tenant shall draw and close the draperies or days Landlord is not so required to furnish heat to blinds for the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 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 windows of the Demised Premises. It Premises whenever the ventilation or air-conditioning system is Landlord's recommendation that Tenant cause in operation and the position of the sun so requires and shall, at all times, cooperate fully with Landlord and abide by 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 the sole responsibility of Tenant to cure (at Tenant's sole cost Rules 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 Regulations which Landlord may prescribe for the proper functioning of the heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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)HVAC System. Tenant shall pay on demand all expenses incurred Landlord for heat, ventilating and air-conditioning as Additional Rent, within ten days after Landlord bills Tenant therefor, which bills shall be 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 connection Schedule G hereto. The performance by Landlord of its obligations under this Section 28.1(C) subject to Tenant’s compliance with the maintenance conditions of occupancy and repair connected load established by Landlord. Use of the A/C Unit. In the event of the total breakdown of the A/C Unit In such Premises, or any part thereof, in a manner that exceeding the same cannot reasonably be repairedheating, Landlord shall replace the A/C Unit at its own cost ventilating and/or air-conditioning design conditions (including occupancy and expense. All electricity used in connection connected electrical load), or rearrangement of partitioning which interferes with the normal operation of the A/C Unit 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 supplied 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 upon and subject makes no representation as to all the habitability of the terms and conditions contained Premises at any time the HVAC System is not in Article 4 hereofoperation. The existing A/C UnitTenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, and any replacements thereof or additional units installed by Tenant during 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 and remain at have free access to all times the property 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 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 not construct partitions or license shall be required for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining the same on Tenant's behalf and at Tenant's expenseother obstructions that may interfere with Landlord’s free access thereto, or requiring 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 any time enter the said enclosures or tamper with, at Tenant's expenseadjust, touch or otherwise in any manner affect said mechanical installations. Landlord’s obligations under this Section 28.1(C) are subject to obtain and maintain any such permit applicable Requirements that may limit the hours or license. It the extent to which Landlord is Landlord's recommendation that Tenant cause all of the windows in the Demised Premises permitted 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 Unitsupply HVAC. (dD) Furnish hot and cold water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes (including for laboratory purposes), Tenant agrees to Landlord installing that 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 mater 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, consumed (including costs of 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. Section 21.02(E) Provided Tenant shall keep the Premises in order, Landlord shall cause the Premises, including the exterior and the interior of the windows thereof but excluding any laboratory space, to be cleaned in a manner standard to the Building and in 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. A. 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 reserves 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 interruptuse, curtail or suspend without charge therefor, all light, power and Back to Contents water in the services 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 furnished required, i.e., paper, plastic, glass and aluminum cans. (F) 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 under this Article 21 when shall have no obligation to provide HVAC Service to the necessity therefor arises Space C Premise unless and until Emisphere’s lease expires or earlier terminates. Landlord agrees to use reasonable effort to 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 shall pay to Landlord, as Additional Rent, Tenant’s pro rata share of the cost to Emisphere to provide the HVAC Service to the Space C Premises based on the measurement of the airflow to the Space C Premises, as reasonably determined by reason of accidentLandlord. Tenant shall pay for the HVAC Service to the Space C Premises within 15 days after being billed therefor, emergencybut not more often than monthly. Notwithstanding anything to the contrary contained herein, mechanical breakdown, or when required by any law, order or regulation of any federal, state, county or municipal authority, or in the event that Emisphere fails for any reason other cause beyond than due to “force majeure” (as defined below) to provide the reasonable control of Landlord. Landlord shall use due diligence HVAC Service 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 rent or other compensation shall or will be claimed by Tenant the Space C Premises and as a result therefromthe Space C Premises are rendered untenantable, nor in addition to all of Tenant’s other rights and remedies at law or in equity, Tenant shall this Lease be entitled to offset against the Furniture Payment an amount equal to the Fixed Rent for the Space C Premises for the period from the date the Space C Premises becomes untenantable through the date when the required HVAC Service is restored, provided, however, that the foregoing offset right shall not apply from and after the date that Emisphere’s lease expires or any earlier terminates and Landlord assumes responsibility for such HVAC Service. As used herein, the term “force majeure” shall mean events beyond Emisphere’s reasonable control in accordance with the description set forth in Section 41.04 of the obligations lease to Emisphere. The foregoing abatement right shall not apply to any Fixed Rent payable to Landlord for the Premises and shall only apply to the Furniture Payment portion of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionthe Fixed Rent.

Appears in 1 contract

Samples: Lease Agreement (Progenics Pharmaceuticals Inc)

SERVICES AND EQUIPMENT. Section 21.01. 20.1 So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall, at its cost and expense: (a) a Provide necessary twenty four hours per day/seven days a week nonexclusive passenger elevator facilities service to Tenant and freight elevator service on Business Days from 8:00 A.M. to 6:00 P.M. and during Business Hours. During all times other than those indicated above, Landlord shall have sufficient elevators available at all other times. At Landlord's optionprovide Tenant with freight elevator service, the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methodsprovided Tenant gives Landlord reasonable prior notice ("Overtime Freight Elevator Service"). Tenant shall have pay Landlord the 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 the Demised Premises twenty-four (24) hours a dayPremises. Subject to the other applicable provisions of this lease, seven (7) days per week. (b) Maintain and keep in good order and repair the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required provide, on Business DaysDays during Business Hours, and shall be effective heat from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for the ventilating conditions and/or temperature October 15 through May 15 of the Demised Premises each year during the hours or days Landlord is not required to furnish heat pursuant to this paragraphTerm. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises Tenant shall be at the sole risk, responsibility and hazard of Tenant. 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 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. 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 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 grilles whenever the air-conditioning or 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 systemLandlord. (c) Air-conditioning service ("A/C Service") b Tenant, at its sole cost and expense, shall be furnished to responsible for cleaning the Demised Premises with a cleaning contractor approved by way of an existing air-cooled package type air-conditioning unit (the "A/C Unit")Landlord which approval shall not be unreasonably withheld. In addition, 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 a manner that the same cannot reasonably be repairedresponsible, Landlord shall replace the A/C Unit at its own cost and expense. All electricity used , for the removal from the Premises and the Building of any refuge and rubbish in connection accordance with the operation rules, regulations and provisions of this Lease. Tenant's cleaning contractor and their employees shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. on Business days, have nonexclusive use of the A/C Unit shall be supplied by Landlord upon Building's freight elevator without charge 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of obtaining the same on Tenant's behalf right to use, without charge, all light, power 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 water in the Demised Premises reasonably required to be kept closed to facilitate proper functioning of clean the A/C UnitPremises as set forth under this Section 20. 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) Furnish c furnish hot and cold water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes or in unusual quantities (as determined by Landlord in its reasonable discretion), Tenant agrees to Landlord installing 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 mater 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 consumedconsumed in excess of what is normal for commercial operations similar to Tenant, including sewer rents, as measured by said meter or meters or as otherwise measured, including sewer rentsand the cost to heat such water. Section 21.02. A. Landlord reserves the right 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 law, 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 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.

Appears in 1 contract

Samples: Lease Agreement (Mainspring Communications Inc)

SERVICES AND EQUIPMENT. Section 21.0121.1. So long as Tenant is not in default under any of the covenants of this LeaseLease beyond the expiration of any applicable notice and cure periods, Landlord shall, at its cost and expense: (a) Provide provide necessary elevator facilities on Business Days from 8:00 A.M. to 6:00 P.M. during Business Hours and shall have sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain maintain and keep in good order and repair any components of the heating system installed by Landlordsystems located outside of the Premises that serve the portions of such systems located within the Premises. The aforesaid system will Landlord shall cause the portions of the heating, ventilating and air conditioning systems to be operated by in good working order as of the date of this Lease. Landlord shall provide, on Business Days during Business Hours, heat from October 15 of each year and thereafter when seasonably required and in accordance with applicable laws. Landlord shall provide, on Business Days, and shall be effective from Days during the hours of 8:00 A.M. a.m. to 6:00 P.M. p.m., air conditioning from May 15 of each year and thereafter when seasonably required. Landlord shall provide that the air conditioning in the Premises is in good working order as of the Commencement Date of this Lease. Landlord shall have no responsibility or liability 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 paragraphsubsection (b). Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises Tenant shall be at the sole risk, responsibility and hazard of Tenant. 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 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. 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 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 grilles whenever the air-conditioning or 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 system. (c) Air-conditioning service ("A/C Service") shall be furnished to the Demised Premises by way of an existing air-cooled package type heating, ventilating and air-conditioning unit (the "A/C Unit")systems. 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 shall be solely responsible for all start-up and shutdown maintenance costs of the A/C Unit. Landlord hereby agrees to "balance" the A/C Service air conditioning system in the Demised Premises as part of Landlord's WorkPremises; provided, however, it is understood that Landlord shall have no further obligation to "balance" be responsible for the A/C Service after major components of the Commencement Date. Such maintenance obligations shall be performed throughout the Term by a reputable air-air conditioning maintenance company engaged by Tenant at Tenant's expense (and first approved by Landlord)equipment. Tenant shall pay on demand all expenses incurred in connection with enter into a service contract for the maintenance and repair of the A/C Unit. In the event of the total breakdown of the A/C Unit In such 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 for the operation of any A/C Unit air-conditioning equipment serving the Demised Premises, Landlord shall have the option of 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), such contract to be in form in substance reasonably acceptable to Landlord. Landlord shall furnish and install new filters in the air conditioning equipment at the commencement of the term of this Lease. 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 and ventilating systems serving the Premises. Subject to the provisions of Article 12 hereof all such electric energy shall be furnished by Landlord to Tenant at Tenant's cost and expense. If Tenant shall require air conditioning at times when Landlord is not required to furnish same, Tenant shall give Landlord at least 24 hours prior notice of such requirement and, if same is furnished by Landlord, Tenant shall pay on demand Landlord's charges in the amount of Seventy- Five Dollars ($75.00) per hour as additional rent, which overtime charge may be increased by Landlord if Landlord's costs increase. The Tenant shall be permitted to install supplemental air conditioning in the Premises at Tenant's sole cost and expense, subject to the alterations requirements set forth in this Lease. (c) provide cleaning and janitorial services, on Business Days in accordance with the Cleaning Specifications annexed to this Lease as Schedule B. Landlord shall not be required to clean any portions of the Premises used for the preparation, serving or consumption of food or beverages, training rooms, data processing or reproducing operations, all of which shall be cleaned by Tenant. Tenant shall keep entirely unobstructed all pay directly to the cleaning contractor for the Building the cleaning contractor's charges for (i) extra cleaning work in the Premises required because of (A) misuse or neglect on the part of Tenant or its sublessees or its or their employees or visitors, (B) the use of portions of the ventsPremises for special purposes requiring greater or more difficult cleaning work than office areas, intakes(C) interior glass partitions or unusual quantity of interior glass surfaces and (D) non-Building Standard materials or finishes installed by Tenant or at its request, outlets and grilles(ii) removal from the Premises and the Building of any refuse and rubbish of Tenant in excess of that ordinarily accumulated in business office occupancy (with only incidental computer operations) or at times other than Landlord's standard cleaning times, at all times and (iii) the use of the Premises by Tenant other than during Business Hours on Business Days. Landlord, its cleaning contractor and their employees shall have access to the Premises after 5:30 p.m. and before 8:00 a.m. and shall comply with have the right to use, without charge therefor, all light, power and observe all reasonable regulations water in the Premises reasonably required to clean the Premises as required under this Section 21.1(c). If Tenant has leased an entire floor or floors, it shall reimburse Landlord, promptly after being billed therefor, for the cost of filling toilet tissues, soap dispensers, towel dispensers, sanitary napkin vending dispensers, and requirements prescribed plastic waste container liners. Tenant shall pay to Landlord as additional rent within ten days after demand, Tenant's Proportionate Share of any Federal, state or municipal sales tax now or hereafter required to be paid by Landlord allocable to the furnishing of cleaning services or cleaning supplies to the Building above the standard cleaning services provided for the proper functioning of the A/C Unitin this Lease. (d) Furnish furnish hot and cold water for lavatory, pantry and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes or in unusual quantities (as reasonably determined by Landlord in its sole and absolute discretion), Tenant agrees Landlord may install, after notice to Landlord installing Tenant, 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 mater 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, including sewer rents, as measured by said meter or meters or as otherwise measured, including sewer rentsand the cost to heat such water. Section 21.0221.2. A. Landlord reserves the right, without any liability whatsoever and without abatement of fixed annual rent or additional rent, to stop the heating, 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 Premises. Landlord shall not be liable in any way to Tenant for any failure of the heating, air-conditioning, elevator, plumbing, sanitary, electric and other systems by reason of any failure or defect in the supply or character of electric energy furnished to the Building or the Premises by the public utility serving the Building. 21.3. Only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord will be permitted to furnish laundry, linen towels, drinking water, ice, food or beverages and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its own 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 interruptact as or to designate, curtail at any time and from time to time, an exclusive supplier of all or suspend 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 person, firm or corporation attempting to furnish any of said supplies or services required to be furnished but not so designated by Landlord under this Article 21 when the necessity therefor arises by reason Landlord. It is understood, however, that Tenant or regular office employees of accident, emergency, mechanical breakdown, or when required Tenant who are not employed by any lawsupplier of such food or beverages or by any person, order firm or regulation corporation engaged in the business of purveying such food or beverages, personally may bring food or beverages into the Building for consumption within the Premises by employees of Tenant, but not for resale to or for consumption by any other tenant. 21.4. Tenant shall employ any office maintenance contractor that Landlord may designate from time to time for all waxing, polishing, lamp replacement, cleaning (other than those cleaning services Landlord is obligated to furnish) and the maintenance work in the 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 shall not be unreasonably withheld. 21.5. Landlord, at Tenant's request, shall maintain listings on the Building directory of the names of Tenant, permitted assignees or subtenants, and the names of any federalof Tenant's officers and employees, stateprovided, county or municipal authorityhowever, or that the aggregate number of names so listed shall not exceed Tenant's Proportionate Share of the space in the Building directory. The reasonable charge of Landlord for any other cause beyond the reasonable control of Landlordchanges in such listings requested by Tenant shall be paid by Tenant to Landlord on demand. 21.6. Landlord shall use due diligence not be required to complete all required repairs or furnish any other necessary work services, except 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall otherwise provided in this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionLease.

Appears in 1 contract

Samples: Lease Agreement (Micros to Mainframes Inc)

SERVICES AND EQUIPMENT. Section 21.01. So long as Tenant is not in default under any of the covenants of this LeaseLease beyond the expiration of any applicable grace period, Landlord shall, at its cost and expense: (a) Provide necessary elevator facilities on Business Days business days from 8:00 A.M. a.m. to 6:00 P.M. p.m. and shall have sufficient elevators available 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 have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain and keep in good order and repair the air conditioning, heating system and ventilating systems installed by LandlordLandlord as part of the base Building systems. The aforesaid system base Building air conditioning, heating and ventilation systems will be operated by Landlord function when seasonably required on Business Daysbusiness days from 8:00 a.m. to 6:00 p.m. as more fully described in Schedule C annexed hereto and made a part hereof. The air conditioning system (as it relates to the demised premises) shall have separate controls in the demised premises and may be operated by Tenant as required if the demised premises constitute an entire floor; with respect to partial floors said controls shall be located in an area on Tenant's floor of the Building accessible to Tenant. Landlord has informed Tenant that the windows of the demised premises and the Building are sealed, and shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability for that the ventilating conditions and/or temperature of demised premises may become uninhabitable and the Demised Premises air therein may become unbreathable during the hours or days when Landlord is not required pursuant to this paragraph to furnish heat pursuant to this paragraphor ventilation or when Tenant does not operate the air-conditioning system. Any use or occupancy of the Demised Premises demised premises during the such hours or 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. If Such condition of 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 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. 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 the sole responsibility of Tenant to cure (at Tenant's sole cost and expense)demised premises. Tenant shall cause and 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, ventilating and air-conditioning systems. 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. In the event that Tenant shall require heating, air conditioning or ventilation after hours, Tenant shall pay Landlord's customary charges therefor as additional rent. All tenants requesting after hours heating systemshall give Landlord reasonable advance notice of such requirement. All tenants who require after hours air-conditioning or ventilating shall have the responsibility of operating the air-conditioning and ventilation systems by use of a separate key which Landlord shall provide. (c) Air-conditioning service ("A/C Service") shall be furnished to Provide 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 cleaning 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 janitorial services described 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 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 Schedule F annexed hereto on the Expiration Date. If any permit or license shall be required for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 Unitbusiness days. (d) Furnish hot and cold water for lavatory, lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposepurposes, Tenant agrees to that Landlord installing 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 mater 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, as measured by said meter or meters or as otherwise measured, including sewer rents. Section (e) Landlord will at Tenant's request supply condenser water to any supplementary air conditioning units installed by Tenant in the demised premises in accordance with the provisions of this Lease and Tenant agrees to pay Landlord its customary charges for so providing such condenser water to the demised premises. In the event Tenant installs supplementary air conditioning units serving the demised premises, Tenant covenants and agrees, at its sole cost and expense, to maintain in full force and effect for so long as such air conditioning unit remains in the Building, a maintenance agreement for the periodic maintenance of such unit on customary terms with a contractor reasonably acceptable to Landlord and to furnish a copy of said contract and all extensions thereof to Landlord within five (5) days after demand. 21.02. A. Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdownLandlord will notify Tenant in advance, or when required by any lawif possible, order or regulation of any federalsuch stoppage and, stateif ascertainable, county 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, but Landlord shall not be obligated to employ overtime or municipal authoritypremium labor therefor. 21.03. Tenant shall reimburse Landlord for the cost to Landlord of 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 the routine of general business office occupancy. 21.04. Tenant agrees to employ such office maintenance contractor as Landlord may from time to time designate, or for all waxing, polishing, lamp replacement, cleaning (other than those cleaning services Landlord is obligated to furnish) 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 cause beyond the reasonable control of contractor without Landlord's prior written consent. 21.05. Landlord shall use due diligence will not be required to complete all required repairs or furnish any other necessary work services, except 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 rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall otherwise provided in this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspensionLease.

Appears in 1 contract

Samples: Lease Agreement (2bridge)

SERVICES AND EQUIPMENT. Section 21.01. 21.01 So long as Tenant is not in default under any of the covenants of this LeaseLease beyond all applicable notice and cure periods, Landlord shall, at its cost and expense: (a) Provide necessary 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 sufficient elevators available 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. Tenant shall have access to the Demised Premises twenty-four (24) hours a day, seven (7) days per week. (b) Maintain Heat and keep in good order and repair the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required on Business Days, and cooling service shall be effective from 8:00 A.M. to 6:00 P.M. Landlord shall have no responsibility or liability provided, as may be required for the ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or comfortable occupancy of the Demised Premises during regular hours of Business Days during the heating and cooling seasons respectively. If Tenant shall require heat and cooling service during hours other than regular hours or on days other than Business Days (hereinafter called “After Hours”), Landlord is not 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 $650.00 per hour. (b) Provide cleaning and janitorial services on Business Days. Tenant shall pay to Landlord 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 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 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 required to furnish heat much of any refuse and rubbish of Tenant as shall exceed that ordinarily accumulated daily in the routine of business office occupancy. Landlord, its cleaning contractor and their employees shall have After Hours access to the Demised Premises shall be at and the sole riskfree use of light, responsibility power and hazard of Tenant. 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 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. 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 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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to 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 water 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 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 for the operation purpose of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 cleaning 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 in accordance with and observe all reasonable regulations and requirements prescribed by Landlord for the proper functioning of the A/C UnitLandlord’s obligations hereunder. (d) Furnish hot and cold water for lavatory, drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purpose, Tenant agrees to Landlord 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 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 the cost of all water consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. Section 21.02. A. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Article 21 air-conditioning, elevator, plumbing, electric and other systems when the necessity therefor arises necessary by reason of accident, emergency, mechanical breakdown, or when required by any law, order or regulation of any federal, state, county or municipal authority, emergency or for necessary repairs, alterations, replacements or improvements. 21.03 Landlord will not be required to furnish any other cause beyond 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 control 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 shall use due diligence to complete all required repairs or other necessary work as quickly as possible so represents that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 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 suspensionsystems referenced herein are currently in good working order.

Appears in 1 contract

Samples: Lease Agreement (Dipexium Pharmaceuticals, Inc.)

SERVICES AND EQUIPMENT. Section 21.01. So long 6.01 A. Except as Tenant is not in default under otherwise expressly provided herein, from and after the applicable Commencement Date for any portion of the covenants of this LeaseInitial Office Space, Landlord shall, at its cost and expense: (a) Provide necessary elevator facilities on Business Days from 8:00 A.M. shall furnish or cause to 6:00 P.M. and shall have sufficient elevators available at all other times. At Landlord's option, be furnished the elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. Tenant shall have access 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 a day, per day seven (7) days per weekweek 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. (bii) Maintain and keep in good order and repair HVAC to the heating system installed by Landlord. The aforesaid system will be operated by Landlord when seasonably required applicable portion of the Office Space during Business Hours on Business Days, Days and shall be effective on Saturdays from 8:00 9:00 A.M. to 6:00 1:00 P.M. Landlord shall have no responsibility or liability for (in each case, excluding Holidays) substantially in accordance with the ventilating conditions and/or temperature of specifications and design criteria set forth on Exhibit 6.01A(ii) annexed hereto and made a part hereof (the Demised Premises during the hours or days Landlord is not required to furnish heat pursuant to this paragraph. Any use or occupancy of the Demised Premises during the hours or days Landlord is not so required to furnish heat to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. 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 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. 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 the sole responsibility of Tenant to cure (at Tenant's sole cost and expense“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 heating system. (c) Air-conditioning service ("A/C Service") shall be furnished to Base HVAC System in accordance with the Demised Premises by way provisions of an existing air-cooled package type air-conditioning unit (the "A/C Unit")Article 26 hereof. 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 acknowledges 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 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 some 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 for the operation of any A/C Unit serving the Demised Premises, Landlord shall have the option of 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 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 kept closed to facilitate proper functioning required, as part of the A/C Unit. If 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 Xxxxx 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 elect not retain Landlord’s cleaning contractor to do so, any improper functioning of the A/C Unit resulting therefrom shall be the sole responsibility of Tenant to cure (perform such cleaning at Tenant's ’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 keep entirely unobstructed all of have access to the ventsOffice Space after 5:00 p.m. and before 7:00 a.m. Landlord’s cleaning contractor shall have the right to use, intakeswithout charge therefor, outlets and grilles, at all times and shall comply with and observe all reasonable regulations quantities of electric lighting, electric power and requirements prescribed by Landlord for the proper functioning of the A/C Unit. (d) Furnish 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 lavatoryTenant’s Roof Top Space. (iv) Reasonable quantities of water to the Office Space for ordinary lavatory (including private toilets), drinking 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 purposepurposes in any part of the Demised Premises or in Tenant’s Roof Top Space, Tenant agrees to that Landlord installing may install a meter or meters or other means to measure Tenant's ’s water consumptionconsumption for such other purposes, and Tenant further agrees to reimburse Landlord for the reasonable out-of-pocket cost of the mater meter or meters and the installation thereof, and to pay for the reasonable out-of-pocket cost of maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenantduring the Term. Tenant shall reimburse Landlord for the actual cost of incurred by Landlord for all water consumed, consumed for such other purposes as measured by said meter or meters or as otherwise measured, including sewer rentsrents 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) 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. 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 21.026.01A(vi)(a), at Landlord’s option, the freight elevators shall be operated by automatic control or by manual control, or by a combination of both of such methods. A. Subject to Section 6.01A(vi)(c) hereof, Tenant shall reimburse Landlord reserves for Landlord’s actual incremental out-of-pocket costs (including, to the right extent applicable, jurisdictional labor claims) incurred for freight elevator service made available at times other than during Business Hours. (b) Access to interruptthe loading dock of the Building on a “first-come, curtail or suspend 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 services 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 furnished 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 under this Article 21 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any law, order or regulation of any federal, state, county or municipal authority, or for any other cause beyond the reasonable control of Landlordin connection therewith. Landlord shall not charge any fee for making the loading dock available during non-Business Hours, however, Tenant shall be responsible for providing and paying for the cost of any security with respect to Tenant’s use due diligence of any loading dock and Landlord shall not have liability to complete all required repairs Tenant on account thereof or as result of any failure to provide such security. (c) Tenant shall be entitled to reserve up to a total of one hour per 1,000 RSF of the Initial Office Space (as finally constituted), in the 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 necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may 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. (vii) Electricity for the Demised Premises as short 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 applicable Legal Requirements to be operational, including at least one (1) elevator in each of the elevator banks serving the Office Space, (B) sufficient for emergency lighting in core corridors, stairways and stairway exit signs, and (C) in the electric closet on each floor of the Office Space, of 1/4 watt per useable square foot sufficient for emergency lighting in the Office Space. (ix) Water pressure and reserve capacity to the fire sprinkler system serving the Demised Premises at the levels required pursuant to the Building Code for the City of 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 accommodated at Tenant’s sole cost and expense. (xi) an ambient noise level in the Office Space which does not exceed the NC 42 Criteria at all points within the Office Space, unless such noise is a period result of time as circumstances any Tenant installation or the performance of any Tenant Change. (xii) From and after the Execution Date, Landlord will permit. No diminution or abatement cause the exterior windows of rent or other compensation shall or the Unit to be cleaned consistent with Comparable Buildings but in no event less than two (2) times per calendar year after such date and, subject to weather conditions permitting the same, Landlord will be claimed by Tenant endeavor to perform such cleaning a minimum of three (3) times per calendar year. (xiii) Conduct the Operation of the Property 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“first class” office building.

Appears in 1 contract

Samples: Lease Agreement (Datadog, Inc.)

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