SERVICES AND EQUIPMENT. 21.01. Landlord shall: (a) Provide one passenger elevator 24 hours per day, seven (7) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on Business Days, and use of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made at least one day in advance. (b) Furnish reasonable water for lavatory, kitchen and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including sewer rents. (c) Furnish reasonable heat to the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advance. (d) 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 (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance. 21.02. Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably 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 premium labor therefor. 21.03. Tenant shall arrange for the cleaning of the demised premises and the removal of its own refuse and rubbish. 21.04. Landlord shall provide one person in the lobby, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book). 21.05. Tenant shall be entitled, without charge by Landlord, to have 50% of the listings in the current directory located in the lobby, but not less than the percentage of Tenant's Tax Share. 21.06. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
Samples: Sublease Agreement (Idealab)
SERVICES AND EQUIPMENT. 21.0121.1. Landlord shallshall :
(a) Provide one passenger provide necessary elevator 24 hours per day, seven (7) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on Business Daysfacilities during the Building's Hours, and use of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made shall have at least one day in advanceelevator subject to call at all other times.
(b) Furnish reasonable water maintain and keep in good order and repair the air conditioning, heating and ventilating systems installed by Landlord. The heating system and the air-conditioning and ventilating systems will function when seasonably required during the Building's Hours. Landlord shall have no responsibility or liability for lavatorythe ventilating conditions and/or temperature of the Demised Premises during the hours or days Landlord is not required to furnish heat, kitchen ventilation or air conditioning pursuant to this subsection (b). Tenant shall comply with and drinking observe all regulations and office cleaning purposesrequirements prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning systems. If Tenant requiresshall require air-conditioning, uses heating or consumes water for any other purposesventilation at times when Landlord is not required to furnish same, Tenant agrees that shall give Landlord may install a meter or meters or other means reasonable advance notice of such requirement and, if Landlord elects to measure Tenant's water consumptionfurnish same to Tenant (which it shall not be required to do), and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to shall pay for the maintenance of said meter equipment and/or to pay on demand Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed, customary charges therefor as measured by said meter or meters or as otherwise reasonably measured, including sewer rentsadditional rent.
(c) Furnish reasonable heat to provide cleaning and janitorial services on business days, which shall include removal of trash from the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advanceDemised Premises.
(d) 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 (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit hot and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy cold water for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advancelavatory purposes.
21.02. Landlord reserves the right right, without any liability whatsoever, or whatsoever and without abatement of fixed annual rent, Fixed Annual Rent or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, sanitary, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvementsimprovement s, provided that that, except in the case of emergency, Landlord will notify Tenant reasonably in advance, if possible, advance of any such stoppage and, if ascertainable, of its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as reasonably possible and in a manner so as to minimize interference with the Tenant's use and enjoyment of the demised premises, but Demised Premises. Landlord shall not be obligated liable in any way to employ overtime Tenant for any failure of the heating, air-conditioning, elevator, plumbing, sanitary, electric and other systems by reason of any failure or premium labor therefordefect in the supply or character of electric energy furnished to the Building or the Demised Premises by the public utility serving the Building nor shall Tenant be entitled to any rent abatement whatsoever in the event of such a failure or interruption of service.
21.03. Tenant shall arrange for the cleaning of the demised premises and the removal of its own refuse and rubbish.
21.04. Landlord shall provide one person in the lobby, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. Tenant shall be entitled, without charge by Landlord, to have 50% of the listings in the current directory located in the lobby, but not less than the percentage of Tenant's Tax Share.
21.06. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
SERVICES AND EQUIPMENT. 21.01. Section 28.1 Landlord shall:shall (subject to Tenant’s reimbursement obligation pursuant to Article 4):
(aA) Provide one passenger elevator service to the Premises 24 hours per day, seven (7) days per week, three passenger 365 days per year. Tenant agrees that Landlord may, at its election, install elevators with or without operators and may change the same from 8:00 a.m. time to 6:00 p.m. on Business Days, and use of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made at least one day in advancetime.
(bB) 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 Tenant pursuant to Article 7 of this Lease. Subject to the provisions of Section 28.1(F) below, the HVAC System will be operated by Landlord as and for the comfortable occupancy of the Premises (which shall mean in a temperature range of approximately 68º - 74º) during the applicable seasons during Operating Hours; provided that Tenant shall draw and close the draperies or blinds for the windows of the Premises whenever the ventilation or air-conditioning system is in operation and the position of the sun so requires and shall, at all times, cooperate fully with Landlord and abide by all of the Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC System. Tenant shall pay Landlord for heat, ventilating and air-conditioning as Additional Rent, within ten days after Landlord bills Tenant therefor, which bills shall be rendered not more often than monthly. The amount of such Additional Rent for a given period of time shall be equal to the total cost to Landlord of delivering steam and chilled water for the Premises, which cost shall be determined based upon Landlord’s established mathematical model as described in Schedule G hereto. The performance by Landlord of its obligations under this Section 28.1(C) subject to Tenant’s compliance with the conditions of occupancy and connected load established by Landlord. Use of the Premises, or any part thereof, in a manner exceeding the heating, ventilating and/or air-conditioning design conditions (including occupancy and connected electrical load), or rearrangement of partitioning which interferes with normal operation of the heating, ventilating and/or air-conditioning in the Premises, or the use of computer or data processing machines or other machines or equipment, may require changes in the heating, ventilating and/or air- conditioning systems servicing the Premises, in order to provide comfortable occupancy. Such changes, so occasioned, shall be made by Tenant, at its expense, as Alterations in accordance with the provisions of Article 6, but only to the extent permitted and upon the conditions set forth in that Article. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 28.2. Landlord, throughout the Term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical Back to Contents closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access thereto, or interfere with the moving of Landlord’s equipment to and from the enclosures containing said installations. Neither Tenant nor Persons Within Tenant’s Control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations. Landlord’s obligations under this Section 28.1(C) are subject to applicable Requirements that may limit the hours or the extent to which Landlord is permitted to supply HVAC.
(D) Furnish reasonable hot and cold water for lavatory, kitchen lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes (including for laboratory purposes), Tenant agrees that Landlord may Tenant shall, if requested by Landlord, install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord pay for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's ’s cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed, consumed (including costs of generating hot water) as measured by said meter or meters or as otherwise reasonably measured, including sewer rents, as Additional Rent within ten (10) days after bills are rendered.
(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) Furnish reasonable heat any additional operating expenses attributable to the demised premises from 8 A.M. to 6 P.M. use and occupancy of the Premises by Tenant or its subtenants or its or their employees or visitors other than during Business Hours on Business Days. If, however, any additional cleaning of the Premises is to be done by Tenant, it shall be done at Tenant’s sole expense, in a manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant, at Tenant’s expense, shall cause the Premises to be exterminated on a monthly basis to the satisfaction of Landlord and additionally shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall give Landlord prior written notice not permit any person to enter the Premises or the Building for the purpose of need for Overtime Heatproviding such extermination services, unless such persons have been approved by Landlord. Overtime Heat If so requested by Landlord, Tenant, at Tenant’s expense, shall mean before 8 A.M. and after 6 P.M. store any refuse generated by the consumption of food or beverages on Business Days, and all use on days which are not Business Daysthe Premises in a cold box or similar facility. Landlord's current , its cleaning contractor and their employees shall have access to the Premises after 5:30 p.m. and before 9:00 a.m. and shall have the right to use, without charge (which therefor, all light, power and Back to Contents water in the Premises reasonably required to clean the Premises as required under Section 28.1. Tenant shall comply, at Tenant’s expense, with all Requirements regarding recycling of trash including, but not limited to, separating from the general trash such items as may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index)required, for Overtime Heat is $80 per houri.e., with a 4 hour minimum per day. Request for such use must be made at least one day in advancepaper, plastic, glass and aluminum cans.
(dF) Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate Tenant acknowledges and agrees that the air-handler unit (the “Air Handler”) that provides heating, ventilation and air conditioning system service (including the cooling towers“HVAC Service”) serving to the demised premises, which system 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 represents contains at least 110 tons (60 tons in shall have no obligation to provide HVAC Service to the south side unit Space C Premise unless and 50 tons in until Emisphere’s lease expires or earlier terminates. Landlord agrees to use reasonable effort to enforce Emisphere’s obligation to provide the north side unit)HVAC Service to the Space C Premises but shall have no liability if Emisphere breaches its obligation to do so. All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rentAdditional Rent, within ten days Tenant’s pro rata share of the furnishing cost to Emisphere to provide the HVAC Service to the Space C Premises based on the measurement of a xxxx the airflow to the Space C Premises, as reasonably determined by Landlord. Tenant shall pay for the HVAC Service to the Space C Premises within 15 days after being billed therefor, but not more often than monthly. Notwithstanding anything to the contrary contained herein, in the event that Emisphere fails for any reason other than due to “force majeure” (as defined below) to provide the HVAC Service to the Space C Premises and as a result the Space C Premises are rendered untenantable, in addition to all of Tenant's pro rata portion’s other rights and remedies at law or in equity, determined on a square footage basis, and/or hours of use basis, of Tenant shall be entitled to offset against the actual cost of electric energy Furniture Payment an amount equal to the Fixed Rent for the cooling towers. Provided Tenant pays Space C Premises for the electrical cost as 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 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 the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably 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 Section 41.04 of the demised premises, but Landlord lease to Emisphere. The foregoing abatement right shall not be obligated apply to employ overtime or premium labor therefor.
21.03. Tenant shall arrange any Fixed Rent payable to Landlord for the cleaning Premises and shall only apply to the Furniture Payment portion of the demised premises and the removal of its own refuse and rubbishFixed Rent.
21.04. Landlord shall provide one person in the lobby, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. Tenant shall be entitled, without charge by Landlord, to have 50% of the listings in the current directory located in the lobby, but not less than the percentage of Tenant's Tax Share.
21.06. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
SERVICES AND EQUIPMENT. 21.01. 6.1 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 one passenger elevator 24 service during business hours per dayon business days. As used in this Lease, seven (7) days per weekthe term “business days” means Monday through Friday exclusive of holidays, three passenger elevators from and the term “business hours” means 8:00 a.m. A.M. to 6:00 p.m. P.M. At all times other than during business hours on Business Daysbusiness days, only one elevator shall be on call to the Demised Premises and to other tenants of the Building.
B. Maintain and keep in good order and repair the central heating, ventilating and air-conditioning system installed by Landlord. The aforesaid system will be operated by Landlord during business hours on business days.
C. Provide Building standard cleaning services to the Demised Premises and public portions of the Building on business days. The Cleaning Specifications are annexed hereto and made a part hereof as Exhibit C. If any space may, under the terms of this Lease, be used for the consumption of food, such space will receive only Exhibit C office space cleaning specifications, and use of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for shall have such Overtime Use must be made at least one day in advancespace periodically exterminated.
(b) D. Furnish reasonable water for ordinary lavatory, kitchen and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposespurposes (including without limitation for a dishwasher), Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost ’s costs of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed, consumed as measured by said meter or meters or as otherwise reasonably measured, including sewer rents.
(c) Furnish reasonable heat to the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
(d) Nothing contained herein 6.2 Holidays shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system (including the cooling towers) serving the demised premisesmean all Federal holidays, which system Landlord represents contains at least 110 tons (60 tons in the south side unit State holidays and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advanceBuilding Service Employees Union Contract holidays.
21.02. 6.3 Landlord reserves the right without to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 6 or elsewhere under this Lease or otherwise to interrupt, curtail or suspend any liability whatsoeverservices provided to the Demised Premises when the necessity therefor arises by reason of required maintenance, repairs, alterations, improvements, accident, labor dispute, riot, war, insurrection, terrorism, bioterrorism, emergency, casualty, shortages of labor or materials, mechanical breakdown, Acts of God, or when required by any law, order or regulation of any federal, state, county or municipal authority, or by reason of alterations or improvements deemed necessary or desirable by Landlord for the benefit of the Building or any portion(s) thereof, or for any other cause beyond the reasonable control of Landlord. Landlord shall exercise good faith to complete all required repairs or other necessary work 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 fixed annual rent or other compensation shall or will be claimed by Tenant as a result thereof, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspension, nor shall Tenant be entitled to terminate this Lease or to claim an actual or constructive eviction in whole or in part.
6.4 Tenant shall reimburse Landlord for the cost to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant except normal office trash, and Tenant shall pay all bills therefor when rendered.
6.5 Tenant acknowledges that the Demised Premises contain one supplemental air conditioning unit and associated equipment (collectively, the “Existing A/C Unit”). Landlord makes no representations as to the condition of the Existing A/C Unit, if any, and Tenant shall accept the same in “as is” condition. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility whatsoever to maintain and/or repair the Existing A/C Unit, which shall be Tenant’s sole obligation and responsibility. Tenant shall also be responsible for permit fees for the Existing A/C Unit. Tenant’s installation of any new or additional air conditioning or ventilation units shall be subject to Landlord’s prior written approval as well as to all other applicable terms and conditions of this Lease, including without limitation Section 6.7 of this Lease. All electricity used in connection with the operation of the Existing A/C Unit shall be provided in accordance with, and subject to all of the terms, covenants and conditions contained in, Article 7 hereof.
6.6 If Tenant shall require HVAC service at any time other than during business hours on business days, Landlord shall furnish such service (herein called “after-hours air-conditioning service”) upon advance written notice from Tenant as specified below and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand as additional rent. If Tenant shall not pay the same, Tenant shall also pay interest thereon at the then Interest Rate. Requests for after-hours air-conditioning service shall be submitted in writing to the Building manager, by a person designated by Tenant as authorized to make such requests, before 1:00 P.M. on a non-holiday weekday for such weekday and at least thirty-six (36) hours prior to a holiday or weekend. Landlord’s currently established charges for such after-hours air-conditioning service are as follows: air conditioning -- $250.00 per hour and heat -- $250.00 per hour, and are subject to increase.
6.7 Notwithstanding anything in this Lease to the contrary, Landlord agrees that in the event that Tenant requires additional heating, ventilation and air-conditioning in the Demised Premises, and Landlord, upon Tenant’s request therefor, consents to the installation of a system in the Demised Premises to provide such additional heating, ventilating and air-conditioning, then and in such event, Tenant may install, and Landlord consents to the installation of, at Tenant’s own cost and expense in accordance with, and subject to, the applicable provisions of this Lease (including, without limitation, Article 13 hereof) an additional heating, ventilating and air-conditioning system (hereinafter referred to as the “Supplemental Air-Conditioning System”). The costs of installation (including, without limitation, connection to any condenser water source), maintenance and operation of the Supplemental Air-Conditioning System shall be borne by Tenant, and Tenant shall be responsible for the design and installation of its own condenser water pumps, capable of delivering the required flow to Tenant’s equipment. Tenant (or at Landlord’s option, Landlord) shall install, at Tenant’s sole cost and expense, valved outlets into the condenser water riser, the cost of which valves are to be paid for by Tenant. Whenever Tenant shall make a connection to any condenser water source, Tenant shall also leave additional valved outlets of a size, and in such locations, to be determined by Landlord. All facilities, equipment, machinery and ducts installed by Tenant in connection with the Supplemental Air-Conditioning System shall (a) be subject to Landlord’s prior written approval, (b) comply with Landlord’s reasonable requirements as to installation, maintenance and operation, and (c) comply with all other terms, covenants and conditions of this Lease applicable thereto. Landlord shall have no liability or responsibility whatsoever for any interruption in service of the Supplemental Air-Conditioning System (if any) for any cause whatsoever, nor shall any such interruption be construed as an actual or constructive eviction of Tenant, or entitle Tenant to any abatement of Fixed Rent or additional rent, or relieve or release Tenant from any of its obligations under this Lease. Tenant agrees to stop cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the heatingproper connection, air conditioning, elevator, plumbing, electric functioning 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 reasonably 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 protection of the demised premises, but Landlord shall not be obligated to employ overtime or premium labor therefor.
21.03. Tenant shall arrange for the cleaning of the demised premises and the removal of its own refuse and rubbish.
21.04Supplemental Air-Conditioning System. Landlord shall provide one person in furnish, if required and to the lobbyextent available, 24 hours condenser water for Tenant’s Supplemental Air-Conditioning System at a charge of Six Hundred Thirty Dollars and 00/100 ($630.00) per dayton per year. If after the date of this Lease, seven days per weekthe cost to Landlord of furnishing condenser water for such Supplemental Air-Conditioning System shall be increased, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. then the aforesaid charge to Tenant shall be entitled, without charge by Landlord, increased to have 50% reflect the amount of the listings in the current directory located in the lobby, but not less than the percentage of Tenant's Tax Shareincreased cost to Landlord.
21.06. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
SERVICES AND EQUIPMENT. 21.01. 21.1 Landlord shall, at its cost and expense:
(a) Provide one passenger provide necessary elevator 24 hours per day, seven facilities during Business Hours (7as such term is defined in Article 22 hereof) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on Business Days, and use of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made shall have at least one day in advance.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;
(b) Furnish maintain, keep in repair and provide the services of the Building system air-conditioning, heating and ventilating system ("HVAC System") installed by Landlord in accordance with the design criteria annexed hereto as Exhibit E. The aforesaid systems will function when seasonably required during Business Hours. The cooling season for the purposes of this Lease shall be 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 during the hours or days Landlord is not required to furnish heat, ventilation or air-conditioning pursuant to this subsection. In any event, Tenant shall keep entirely unobstructed all the vents, intakes, outlets and grilles, at all times and shall comply with and observe all 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 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) provide 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-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 office occupancy. Landlord, its cleaning contractor and their employees shall have access outside of Business Hours to the demised premises and the use (at Tenant's expense) 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; and
(d) furnish hot and cold water for lavatory, kitchen and drinking lavatory and office cleaning purposes and cold water for drinking purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including including, without limitation, sewer rents.
(c) Furnish reasonable heat to the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
(d) 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 (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. 21.2 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably in advance, if possible, advance of any such stoppage and, if ascertainable, and its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with the Tenant's use and enjoyment of the demised premises, premises but nothing herein shall be deemed to require Landlord shall not be obligated to employ perform the same on an overtime or premium labor thereforpay basis unless requested to do so by, and at the expense of, Tenant.
21.03. 21.3 Tenant shall arrange reimburse Landlord for the cleaning cost to Landlord of removal from the demised premises and the removal 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 refuse absolute discretion, at any time and rubbishfrom 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.
21.04. 21.5 Tenant agrees to employ such office maintenance contractor as Landlord shall provide one person 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 lobbydemised premises, 24 hours per day, seven days per week, for security purposes who shall provide such security services as provided that the quality thereof and the charges therefor are generally provided in similar office buildings (i.e., sign-in book).
21.05reasonably comparable to that of other contractors. Tenant shall not employ any other contractor without Landlord's prior written consent, which consent shall not be entitledunreasonably withheld or delayed.
21.6 Landlord will, without charge by Landlordat the request of Tenant, to have 50% maintain listings on the Building directory of the listings 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 current same proportion to the capacity of the Building directory located 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 otherwise, shall not operate to vest any right or interest in this Lease or in the lobbydemised premises or to be deemed to be the written consent of Landlord mentioned in Article 11 hereof, but not less than the percentage of it being expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant's Tax Share.
21.06. 21.7 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
Samples: Lease Agreement (Interliant Inc)
SERVICES AND EQUIPMENT. 21.01. 21.01 So long as Tenant is not in default under any of the covenants of this Lease, Landlord shall, at its cost and expense:
(a) Provide one passenger necessary elevator 24 hours per day, seven (7) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on facilities during Business Days, and use Hours of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made shall have at least one day in advanceelevator 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.
(b) Furnish reasonable heat to the demised premises during Business Hours of Business Days. 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.
(c) Furnish cold water for lavatory, kitchen and pantry, drinking and office cleaning purposes. Tenant, at Tenant's sole cost and expense, shall have the right to install a hot water heater to provide hot water to the demised premises. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord within twenty (20) days of demand for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including sewer rents.
(cd) Furnish reasonable heat to the demised premises from 8 A.M. to 6 P.M. on Business Days. Provide Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge with ten (which may be increased from time to time to reflect actual increases in cost and/or increases 10) listings in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advanceBuilding's directory.
(de) 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 (including the cooling towers) serving the demised premisesUpon reasonable prior notice from Tenant, which system Landlord represents contains at least 110 tons (60 tons in the south side unit provide heating, plumbing and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant other systems during non-Business Hours at Tenant's sole cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant expense which shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx equal commercially reasonable rates imposed by Landlord therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably 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. Notwithstanding the foregoing or anything contained in Article 34 to the contrary, but Landlord 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 provided under this Lease, Tenant shall not be obligated entitled to employ overtime or premium labor therefora day-for-day abatement in rent.
21.03. 21.03 Tenant shall arrange for the cleaning of 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 its own refuse and rubbishthe Building.
21.0421.04 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 shall provide one person may fix, in its reasonable discretion, at any time and from time to time, the lobbyhours during which and the regulations under which such supplies and services are to be furnished and under which, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book)foods and beverages may be brought into Building by persons other than regular employees of Tenant.
21.0521.05 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 entitledperformed throughout the term of this Lease, without charge 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 have 50% of maintain the listings in the current directory located in the lobbyUnit shall include, but not less than be limited to, the percentage periodic cleaning and/or replacement of Tenant's Tax Share.
21.06filters, replacements of fuses and belts, the calibration of thermostats and all startup and shut down of the Unit. Tenant shall, 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 to furnish any other 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 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 the freight elevators servicing the demised premises. 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 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. 21.01. 21.01 So long as Tenant is not in default under any of the covenants of this Lease beyond all applicable notice and cure periods, Landlord shall, at its cost and expense:
(a) Provide one passenger necessary elevator 24 hours per day, seven (7) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on Business Days, and use of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, facilities on Business Days from 9:00 a.m. to Noon (as hereinafter defined in Article 22) during “regular hours” (that is between the hours of 8:00 A.M. and 1:00 p.m. to 4:30 p.m.6:00 P.M.). At Landlord’s option, the elevators shall be operated by automatic control or manual control, or by a combination of both of such methods. Heat and cooling service shall be provided, as reasonably requested by Tenant when shipments may be required for Tenant arrive from the outside. Landlord's current charge for freight outside comfortable occupancy of the foregoing 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 ("Overtime Use") is hereinafter called “After Hours”), Landlord shall furnish such After Hours heat and cooling service upon reasonable advance notice from Tenant, and Tenant shall pay, on demand an estimated charge of $65.00 650.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made at least one day in advance.
(b) Furnish reasonable water for lavatory, kitchen Provide cleaning and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including sewer rents.
(c) Furnish reasonable heat to the demised premises from 8 A.M. to 6 P.M. janitorial services on Business Days. Tenant shall give pay to Landlord prior written notice on demand the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required because of need (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the Demised Premises for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Dayspreparation, 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 all use on days which are not Business Days(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 office occupancy. Landlord's current charge (which may be increased from time , its cleaning contractor and their employees shall have After Hours access to time to reflect actual increases in cost and/or increases the Demised Premises and the free use of light, power and water in the consumers price index), Demised Premises as reasonably required for Overtime Heat is $80 per hour, the purpose of cleaning the Demised Premises in accordance with a 4 hour minimum per day. Request for such use must be made at least one day in advanceLandlord’s obligations hereunder.
(d) 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 (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for necessary repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably 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 premium labor therefor.
21.03. Tenant shall arrange for the cleaning of the demised premises and the removal of its own refuse and rubbish.
21.04. Landlord shall provide one person in the lobby, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. Tenant shall be entitled, without charge by Landlord, to have 50% of the listings in the current directory located in the lobby, but not less than the percentage of Tenant's Tax Share.
21.06. 21.03 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
21.04 Tenant shall have the right to access the building 24 hours a day 7 days a week, subject to Landlord’s reasonable security procedures.
21.05 Tenant shall receive two (2) access/identification cards to the Demised Premises. Any additional access/identification card(s) shall cost $15.00 each which shall be payable by Tenant to Landlord upon Tenant’s request for said additional access/identification card(s).
21.06 Landlord shall maintain the heating and air conditioning systems, plumbing and electrical systems throughout the Building (including the Demised Premises) and the outside walls, outside windows, concrete floors, common areas, hallways, bathrooms, lobbies, sidewalks and roof of the Building in good order and repair (hereinafter “Landlord’s Obligation”). Landlord represents that the systems referenced herein are currently in good working order.
Appears in 1 contract
SERVICES AND EQUIPMENT. 21.01. Landlord shall:
(a) Provide one passenger elevator 24 hours per dayTenant shall furnish, seven at its expense, all trade fixtures, furniture, equipment and personal property (7collectively, “Property”) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on Business Daysbe used at the Premises. Landlord shall not be responsible for the Property of Tenant, and use of one freight elevatorany insurance coverage thereon shall be provided by Tenant as set forth in this Agreement. The freight elevator is a manual elevator 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 (although it may be changed by Landlord in the future to automaticif applicable), which Landlord's superintendent will operateand trash removal services for the Premises, upon request, whether paid to Landlord or a third party provider of such utilities. Tenant shall indemnify Landlord and save it harmless against any liability or damages on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made at least one day in advanceaccount.
(b) Furnish reasonable water As of the Rental Commencement Date, Tenant shall pay for lavatoryits electric service for the Premises directly to a third party provider of such electric service. Landlord, kitchen and drinking and office cleaning purposesat its option, may elect to provide electric service to the Premises, at a cost to be determined by Landlord, which amount shall be paid monthly by Tenant as Additional Rent pursuant to this Agreement. Thereafter, Landlord may elect to discontinue furnishing electric service to the Premises upon thirty (30) days’ prior written notice to Tenant without affecting this Agreement or otherwise incurring any liability to Tenant. If Landlord shall give Tenant requires, uses or consumes water for any other purposessuch notice, Tenant agrees that may contract for and receive such electric service directly from the public utility company serving the Shopping Center, and if Tenant does so, Landlord may install a meter or meters or other means shall permit Tenant to measure use Landlord's service to the Premises, at Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including sewer rentscost.
(c) Furnish reasonable heat Tenant, at Tenant’s expense, shall at all times keep the Premises (including, without limitation, the service areas adjacent to the demised premises Premises, display windows and signs) orderly, neat, safe, clean and free from 8 A.M. to 6 P.M. on Business Daysrubbish and dirt. Tenant shall give dispose of all trash (wet or dry) on a daily basis in such receptacles as may be designated by Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Dayssuch disposal, and all use on days which are not Business Days. Landlord's current charge (which until Tenant disposes of such trash, Tenant shall store the trash and other solid waste within the Premises or in such areas as may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request designated by Landlord for such use must be made storage. Tenant shall not burn any trash or garbage, at least one day any time, in advanceor about the Shopping Center.
(d) Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate As of the air conditioning system (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumptionRental Commencement Date, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for its trash removal service for the cooling towersPremises directly to a third party provider of such trash removal service. Provided Tenant pays for the electrical cost as set forth in the preceding sentenceAt any time after Landlord makes such election, Landlord will provide may, upon thirty (30) days’ prior written notice to Tenant, chilled water from furnish trash removal services to the cooling towersPremises at a cost to be determined by Landlord, which amount shall be paid monthly by Tenant as Additional Rent pursuant to this Agreement. Tenant shall give Thereafter, Landlord may elect to discontinue furnishing trash removal services to the Premises upon thirty (30) days’ prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases Tenant without thereby affecting this Agreement in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. Landlord reserves the right without any manner or otherwise incurring any liability whatsoeverto Tenant, or abatement of fixed annual rent, or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided except that except in case of emergency, Landlord will notify Tenant reasonably in advanceno 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 third party to provide such services, 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 premium labor therefor.
21.03. Tenant shall arrange for the cleaning regular pickup of the demised premises all trash, garbage and the removal of its own refuse other solid waste with a contractor and rubbish.
21.04. Landlord shall provide one person upon terms approved in the lobby, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. Tenant shall be entitled, without charge writing by Landlord, to have 50% in its sole discretion.
(e) As of the listings in Rental Commencement Date, Tenant shall pay for its water and sewer service for the current directory located in Premises directly to a third party provider of such water and sewer service. Landlord, at its option, may elect to provide water and sewer service to the lobbyPremises, but not less than 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 percentage of Premises upon thirty (30) days’ prior written notice to Tenant without affecting this Agreement or otherwise incurring any liability to Tenant. If Landlord shall give Tenant 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 Tax Sharecost.
21.06. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
Samples: Tenancy Agreement
SERVICES AND EQUIPMENT. 21.01SECTION 11.01 Lessor shall initially install the Building's standard HVAC system to serve the entire Premises. Landlord So long as Lessee is not in default under any of the covenants of this Lease, Lessor shall subject to the provisions of Article 17 hereof provide heating, ventilating and air-conditioning throughout the Premises during Normal Business Hours and during normal heating and cooling seasons, provided the Building standard occupancy conditions are not exceeded in any partitioned area or subdivision of the Premises.
SECTION 11.02 Lessee understands that after the Commencement Date, 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 made only with the prior written consent of Lessor and shall be done by 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 systems or the population or electrical load exceeds the Building standard occupancy conditions, Lessor's responsibility for providing heating, ventilating and air-conditioning shall be 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 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.
(a) Provide one SECTION 11.04 Lessor shall provide passenger elevator 24 hours per day, seven service (7) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on Business Days, and use of one freight elevator. The freight elevator is a manual elevator (although it which may be changed by Landlord automatic, at Lessor's option) in common with others during Normal Business Hours and have an elevator servicing the future Premises subject to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made call at least one day in advanceany other times.
(b) Furnish reasonable SECTION 11.05 Lessor shall provide hot and unheated water for lavatory, kitchen toilet and ordinary cleaning purposes and cold water for drinking and office cleaning purposespurposes drawn through facilities installed by Lessor. If Tenant Lessee requires, uses or consumes water for any other purposes, Tenant Lessee agrees that Landlord may install to 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 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 or as otherwise reasonably measured, including sewer rentsand sewage charges applicable to such water consumption shall be paid within ten (10) days of being billed therefor.
(c) Furnish reasonable heat to SECTION 11.06 Lessor shall maintain and keep clean the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice plaza, plaza lobby, upper lobby, truck dock, public corridors and other public portions of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advanceBuilding.
(d) 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 (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant SECTION 11.07 Lessee shall pay to Landlord, as additional rentLessor, within ten (10) days of the furnishing of a xxxx being billed therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays 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 electrical cost conservation and/or preservation of energy or energy services, or as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably 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 comply with the Tenant's use and enjoyment of the demised premisesapplicable laws, but Landlord shall not be obligated to employ overtime codes, rules or premium labor thereforregulations.
21.03. Tenant shall arrange for the cleaning of the demised premises and the removal of its own refuse and rubbish.
21.04. Landlord shall provide one person in the lobby, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. Tenant shall be entitled, without charge by Landlord, to have 50% of the listings in the current directory located in the lobby, but not less than the percentage of Tenant's Tax Share.
21.06. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
Samples: Office Lease (Nomos Corp)
SERVICES AND EQUIPMENT. 21.01. 21.01 Landlord shall, at its cost and expense:
(a) Provide one passenger appropriate elevator 24 hours per day, seven (7) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on facilities during Business Days, and use Hours of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made shall have at least one day in advanceelevator 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.
(b) Furnish reasonable heat to the demised premises during Business Hours of Business Days. 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.
(c) Furnish cold water for lavatory, kitchen lavatory and drinking and office cleaning purposes. Tenant, at Tenant's sole cost and expense, shall have the right to install a hot water heater to provide hot water to the demised premises. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord on demand for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including sewer rents.
(cd) Furnish reasonable heat Provide Tenant with up to ten (10) listings in the existing Building's directory and, as and to the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases extent that a computerized directory is hereinafter installed in the consumers price index)Building, for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advanceup to twenty-five (25) listings thereafter.
(de) Nothing contained herein shall be deemed to require Landlord to furnish at Landlord's expense such Upon reasonable prior notice from Tenant, provide air conditioning, heating, elevator, plumbing, electric energy as is required to operate the air conditioning system (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant other systems during non-Business Hours at Tenant's sole cost and expense. To expense which shall equal the extent such electric energy is not directly metered then current costs imposed by Landlord therefor.
(such as f) Clean and maintain the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days lobby and other public common areas of the furnishing of Building pursuant to a xxxx therefor, Tenant's pro rata portion, reasonable cleaning schedule determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. by Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably 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 premium labor therefor.
21.03. 21.03 Tenant shall arrange 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 to tenants of the cleaning 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 removal 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 own refuse sole cost and rubbishexpense, 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.
21.04. Landlord 21.06 Subject to the terms of this Lease and to force majeure and other matters beyond Landlord's control, Tenant shall provide one person in have access to the lobby, 24 Building twenty-four (24) hours per a day, seven (7) days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. Tenant shall be entitled, without charge by Landlord, to have 50% of the listings in the current directory located in the lobby, but not less than the percentage of Tenant's Tax Share.
21.06. 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 (THCG Inc)
SERVICES AND EQUIPMENT. 21.0124.01. Landlord shall:
Landlord, at its cost and expense, shall provide to Tenant twenty four (a24) Provide one hours a day, such passenger elevator 24 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 per daywhich are not Normal Business Hours; provided however, seven 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.
24.02. Landlord, at its cost and expense, shall maintain, operate and keep in good working order and repair the air-conditioning, heating and ventilating systems installed by Landlord. Subject to any applicable policies or regulations adopted by any utility or governmental authority, the aforesaid systems shall be operated by Landlord during Normal Business Hours on Normal Business Days (7as said terms are hereinafter defined) days per weekwhen seasonably required as determined by Landlord. In the event Tenant shall require air-conditioning, three passenger elevators from 8:00 a.m. to 6:00 p.m. on heating and ventilation services for any part of the Demised Premises beyond Normal Business Hours or beyond Normal Business Days, and use of one freight elevatorLandlord shall furnish such services upon not less than twelve (12) hours prior written notice from Tenant received by Landlord during normal business hours. The freight elevator is a manual elevator (although it may be changed Tenant shall pay upon demand by Landlord the actual costs incurred by Landlord in furnishing such services, which as of the future date hereof is $25/hour subject to automaticincreases to be 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, ventilation or air-conditioning to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. If Tenant's use of the Demised Premises, or any part thereof, exceeds the design condition limitations of the heating, ventilating and air-conditioning systems (including occupancy of one person per 200 rentable square feet and total electrical load from Tenant's light and power of 3 xxxxx per useable square foot), which Landlordor if Tenant rearranges partitions in such a manner as to interfere with the normal operations of these systems, Landlord at its option and at Tenant's superintendent will operateexpense, upon request, on Business Days from 9:00 a.m. may make the changes to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested said systems made necessary by Tenant when shipments for Tenant arrive from the outsidesaid use or said rearrangement.
24.04. Landlord's current , at its cost and expense but subject to reimbursement as provided in this Section 24.04 and in Section 24.12 hereof, shall furnish janitorial and cleaning services in the Demised Premises in accordance with the "Cleaning and Janitorial Service" requirements attached as Exhibit C hereto. Notwithstanding the foregoing, however, any portion of the Demised 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. 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 pay Landlord a reasonable charge for freight outside any extra cleaning work in the Demised Premises required because of (i) misuse or neglect on the foregoing 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 the Demised Premises subject to Tenant's reasonable security requirements after normal business hours ("Overtime Use") and such use of light, power and water in the Demised Premises as is $65.00 per hourreasonably required for cleaning the Demised Premises in accordance with said Exhibit C.
24.05. Landlord shall furnish, with a 4 hour per day minimum. Request for such Overtime Use must be made at least one day in advance.
(b) Furnish reasonable its cost and expense, cold water for lavatory, kitchen and ordinary drinking and office cleaning purposespurposes only, and hot water to the lavatory only. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that purpose or in unusual quantities Landlord may install a water meter or meters or other means at Landlord's expense which Tenant shall thereafter maintain at Tenant's expense in good working order and repair to measure Tenant's water consumption, consumption and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to shall pay for the maintenance of all water consumed as shown on said meter equipment and/or to as Additional Rent within fifteen (15) days after the bills are rendered and in default in making such payment, Landlord may pay Landlord's cost of other means of measuring such water consumption by charges and collect same from Tenant. Tenant Such a meter shall reimburse Landlord for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including sewer rents.
(c) Furnish reasonable heat to the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. also be installed and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
(d) Nothing contained herein shall be deemed to require Landlord to furnish maintained at Landlord's sole expense such electric energy 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 is required fixed by Landlord in its signage specification will be permitted in the public corridors or on corridor doors or entrances to operate the air conditioning system (including Demised Premises except as may be permitted pursuant to Article XLVI herein. No sign shall be affixed or installed by Tenant without the cooling towers) serving prior written consent of Landlord.
24.08. For the demised premisespurpose 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 system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished all days except Sundays and those holidays listed on Exhibit D annexed hereto. The Building shall be open to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as general public during the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide 7:00 A.M. to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 7:00 P.M. on those Normal Business DaysDays which are weekdays. During the hours of 7:00 P.M. to 11 P.M. on those Normal Business Days which are weekdays, and during the hours of 7:00 A.M. to 11:00 P.M. on all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index)other days, for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. Landlord reserves the right without any liability whatsoeverto exclude 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, Tenant will be responsible to immediately notify Landlord of such misplaced or abatement of fixed annual rent, or additional rent, to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably 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 premium labor therefor.
21.03. Tenant shall arrange for the cleaning of the demised premises and the removal of its own refuse and rubbish.
21.04. Landlord shall provide one person in the lobby, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05lost access card. Tenant shall be entitled, without charge required to pay $25.00 for any new or replacement access card to be issued by Landlord, . As to have 50% any employee of Tenant which has been issued an access card and leaves the listings in the current directory located in the lobby, but not less than the percentage employ of Tenant's Tax Share.
21.06, Tenant shall be responsible to immediately notify Landlord of such unemployment. Landlord During the hours of 11:00 P.M. to 7:00 A.M. on all days, Tenant and its employees will not be required permitted access to furnish 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 in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of a riot, public excitement or other servicescircumstances rendering such action advisable in Landlord's opinion, except as otherwise provided in this LeaseLandlord reserves the right to prevent access to the Building during the continuance of the same by closing the doors or otherwise, all for the safety of the tenants and the protection of the Building.
Appears in 1 contract
Samples: Lease Agreement (Greenstone Roberts Advertising Inc)
SERVICES AND EQUIPMENT. 21.01. Subject to the provisions of Section 21.05, so long as this Lease remains in effect, Landlord shall:
(a) Provide one passenger elevator 24 hours per day, seven (7) facilities on business days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on Business Days, and use of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made shall have at least one day passenger elevator servicing the demised premises subject to call at all other times in advancesufficient amounts to transport traffic to and from the demised premises in a reasonably timely manner. 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 the demised premises at no charge on a first-come first-served basis (i.e., no advance scheduling) during Business Hours of Business Days. 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 customary charges therefor which shall be additional rent hereunder. As of the date hereof, the established charge for after-hours or weekend freight elevator use is $90 per hour plus the overtime charge for supervisory labor, subject to increases from time to time based on actual increases in Landlord's costs. The use of all elevators shall be on a non-exclusive basis and shall be subject to the Rules and Regulations. In connection with Tenant's use of the freight elevators, Tenant shall have non-exclusive access to the loading bays, docks and hallways servicing the freight elevators in accordance with the Rules and Regulations.
(b) Furnish reasonable water for lavatoryMaintain in good repair the Base Building air conditioning, kitchen heating and drinking ventilating systems including without limitation the Base Building interior air-conditioning units and office cleaning purposesthe fan coil units in the peripheral system serving the demised premises. If Such air conditioning, heating and ventilation systems will function when seasonably required (subject to the design criteria, including occupancy and connected electric load design criteria) in accordance with the specifications annexed hereto as Schedule 0 hereof. The Base Building interior air-conditioning units shall be activated by use of a telephone dial access number which Landlord shall provide and may be activated by Tenant requiresas required on a 24-hour, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption7-day per week basis, and Tenant further agrees shall not incur additional charges in respect of the operation thereof (i) except as set forth in Article 4 hereof with respect to reimburse the electricity consumed to operate same, and (ii) except to the extent the costs of operation thereof are included within Expenses. The fan coil units in the peripheral system serving the demised premises shall be operated by Landlord when seasonably required on Business Days from 7:00AM to 6:00PM. 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 the aforesaid systems do not function automatically as described herein or when Tenant does not activate the core air conditioning system or request overtime service for the perimeter zone. Any use or occupancy of the demised premises under the conditions set forth in the immediately preceding sentence shall be at the sole risk, responsibility and hazard of Tenant, and Landlord shall have no responsibility or liability therefor. Such condition of the demised premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an actual or constructive eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor make any claim for any damages or compensation by reason of such condition of the demised premises. Tenant shall cause and keep entirely unobstructed all the vents, intakes, outlets and grilles, at all times and shall comply with and observe all regulations and requirements prescribed by Landlord for the cost proper functioning of the meter or meters heating, ventilating 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 Tenantair-conditioning systems. Tenant shall reimburse Landlord for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including sewer rents.
(c) Furnish reasonable heat to the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
(d) 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 (including the cooling towers) conditioning, heating and ventilating systems serving the demised premisespremises and on the floor of the demised premises and subject to the provisions of Article 4 hereof, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All all such electric energy shall be furnished to Tenant at Tenant's cost and expense. To ; provided however that electric to operate the extent such electric energy perimeter fan coil system is not directly metered (such as the cooling towers), so as to measure serviced through Tenant's individual consumptiondirect electric meter but rather through the Building common area electric meter. If Tenant shall require air-conditioning from the Base Building interior air-conditioning units during the hours or days when the core system does not function automatically as described herein, Tenant shall pay to Landlord, as additional rent, within ten days have the responsibility of activating the core air-conditioning system by use of the furnishing core air-conditioning telephone system (which will be activated by use of a xxxx therefortelephone dial access number which Landlord shall provide). If Tenant shall require overtime heating or air-conditioning service through the perimeter fan coil system at times when same is not furnished by Landlord as hereinabove set forth, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written reasonable advance notice of overtime chilled water use. Overtime Use thereof and Tenant shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. pay therefor Landlord's current then standard charge (as additional rent hereunder, which may be increased is $350 per hour, as of the date hereof, subject to increases from time to time. Such charge shall be prorated among Tenant and any other tenants of the Building which shall request such overtime service during any time that Tenant shall also have requested such service. Landlord will at Tenant's request and at no cost to reflect actual increases in cost and/or increases Tenant, supply condenser water sufficient to operate the supplemental air-conditioning units shown on Tenant's plans for Tenant's Work to be installed and connected to the Building system in the consumers price index)demised premises in accordance with the provisions of this Lease. After the completion of Tenant's Work, Tenant shall be entitled to receive additional condenser water in an amount not to exceed Tenant's Expense Share of the surplus Building condenser water allocated for overtime chilled water is $135.00 per hour per floortenant usage. 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 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02contractor reasonably acceptable to Landlord and to furnish a copy of said contract and all extensions thereof to Landlord within ten (10) days after demand. Landlord reserves the right without any liability whatsoever, or abatement shall perform routine testing and maintenance of fixed annual rent, or additional rent, such Building condenser water tower and shall give Tenant reasonable prior notice of such testing. Landlord shall cooperate with Tenant in order to stop the heating, air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably in advance, if possible, of any schedule 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 testing so as to minimize material interference with the conduct of Tenant's use and enjoyment business. In addition, Landlord shall permit Tenant to penetrate the facade of the demised premises, but Landlord shall not be obligated to employ overtime or premium labor therefor.
21.03. Tenant shall arrange Building for the cleaning purposes of installing louvers for supplemental air-cooled air-conditioning units installed in the demised premises provided and on condition that: (i) Tenant shall elect only one (l) of the removal two lites of its own refuse and rubbish.
21.04. Landlord shall provide one person in glass on the lobbynorth side of the Building designated on Schedule P annexed hereto to be replaced for the installation of such louvers, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. Tenant shall be entitledthe easternmost or westernmost lite, without charge by Landlord, to have 50% of the listings in the current directory located in the lobby, but not less than the percentage of Tenant's Tax Share.
21.06. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.and
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SERVICES AND EQUIPMENT. 21.01. 21.01 So long as Tenant is not in 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 during Business Hours of Business Days and shall have at least one passenger elevator 24 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 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 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. Tenant shall be obligated to pay for any usage of the freight elevator during hours per day, seven other than Business Hours on Business Days at Landlord's actual cost therefor and (7z) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. there is a four (4) hour minimum usage of the freight elevator during hours other than Business Hours on Business Days, and use of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made at least one day in advance.
(b) Furnish reasonable heat to the demised premises during Business Hours of Business Days. 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.
(c) Furnish cold water for lavatory, kitchen lavatory and drinking and office cleaning purposes. Tenant, at Tenant's sole cost and expense, shall have the right to install a hot water heater to provide hot water to the demised premises. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and to pay for the maintenance of said meter equipment and/or to pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall reimburse Landlord on demand for the cost of all water consumed, as measured by said meter or meters or as otherwise reasonably measured, including sewer rents.
(cd) Furnish reasonable heat Provide Tenant with up to the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge ten (which may be increased from time to time to reflect actual increases in cost and/or increases 10) listings in the consumers price index), for Overtime Heat Building's lobby directory; provided such number is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advancenot more than Tenant's percentage share of the Building.
(d) 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 (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02. 21.02 Landlord reserves the right without any liability whatsoever, or abatement of fixed annual rent, or additional rent, to stop the heating, air air-conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant reasonably 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 premium labor therefor.
21.03. 21.03 Tenant shall arrange 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 to tenants of the cleaning 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 (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 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 removal 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 own refuse sole cost and rubbishexpense, 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.
21.04. 21.06 Landlord shall provide one person in the lobbyto Tenant reasonable riser and shaft space, 24 hours per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05. Tenant shall be entitled, without charge designated by Landlord, to have 50% of the listings in the current directory located in Building and provide Tenant with reasonable access to telephone closets serving the lobby, but not less than demised premises on the percentage of Tenant's Tax Shareseventeenth (17th) and eighteenth (18th) floors.
21.06. 21.07 Tenant shall have access to the Building 24-hours a day, 7-days a week, 52-weeks a year, subject to Landlord's reasonable security procedures, force majeure and any other conditions and circumstances beyond Landlord's control.
21.08 Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
SERVICES AND EQUIPMENT. 21.01Section 19.01. Landlord shall:For purposes of this Lease,
(a) Provide one passenger elevator 24 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 per day, seven (7) days per week, three passenger elevators from 8:00 a.m. to 6:00 p.m. on 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 use expense:
(a) provide necessary elevator facilities during Business Hours of one freight elevator. The freight elevator is a manual elevator (although it may be changed by Landlord in the future to automatic), which Landlord's superintendent will operate, upon request, on Business Days from 9:00 a.m. to Noon and 1:00 p.m. to 4:30 p.m., as reasonably requested by Tenant when shipments for Tenant arrive from the outside. Landlord's current charge for freight outside of the foregoing hours ("Overtime Use") is $65.00 per hour, with a 4 hour per day minimum. Request for such Overtime Use must be made shall have sufficient elevators available at least one day in advance.all other times;
(b) Furnish reasonable maintain and keep in good order and repair the air conditioning, heating and ventilating systems installed by Landlord and operate the aforesaid systems when seasonably required during Business Hours on Business Days;
(c) provide Building standard cleaning and janitorial services to the Demised Premises in accordance with the provisions of Exhibit B hereof; and
(d) furnish hot and cold water for lavatory, kitchen 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 temperature of the Demised Premises during He hours or days Landlord is not required to furnish heat, ventilation or air conditioning pursuant to this section. 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, ventilation or air conditioning to the Demised Premises shall be at the sole risk, responsibility and hazard of Tenant. Such condition of the Demised Premises shall not constitute nor be deemed to be a breach or a violation of this Lease or of any provision thereof, nor shall it be deemed an eviction nor shall Tenant claim or be entitled to claim any abatement of rent nor snake any claim for any damages or compensation by reason of such condition of the Demised Premises. Tenant shall in any event cause all of the windows in the Demised Premises to be kept closed and shall cause and keep entirely unobstructed all of the vents, intakes, outlets and grilles, at all times and shall comply with and observe all regulations and requirements prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning systems. 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 (24) hours' advance notice of such requirement and, if same is furnished by Landlord, Tenant agrees to pay Landlord's then established charges therefor as additional rent. Landlord shall have no responsibility or liability of any kind or nature whatsoever in connection with the installation, operation, maintenance or repair of Tenant's supplemental autonomous heating, ventilating and/or air conditioning units, and Tenant agrees so pay Landlord's then established charges for condenser water if furnished for the operation thereof. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord 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 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 reasonably measured, including sewer rents.
(c) Furnish reasonable heat to the demised premises from 8 A.M. to 6 P.M. on Business Days. Tenant shall give Landlord prior written notice of need for Overtime Heat. Overtime Heat shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for Overtime Heat is $80 per hour, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
(d) 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 (including the cooling towers) serving the demised premises, which system Landlord represents contains at least 110 tons (60 tons in the south side unit and 50 tons in the north side unit). All such electric energy shall be furnished to Tenant at Tenant's cost and expense. To the extent such electric energy is not directly metered (such as the cooling towers), so as to measure Tenant's individual consumption, Tenant shall pay to Landlord, as additional rent, within ten days of the furnishing of a xxxx therefor, Tenant's pro rata portion, determined on a square footage basis, and/or hours of use basis, of the actual cost of electric energy for the cooling towers. Provided Tenant pays for the electrical cost as set forth in the preceding sentence, Landlord will provide to Tenant, chilled water from the cooling towers. Tenant shall give Landlord prior written notice of overtime chilled water use. Overtime Use shall mean before 8 A.M. and after 6 P.M. on Business Days, and all use on days which are not Business Days. Landlord's current charge (which may be increased from time to time to reflect actual increases in cost and/or increases in the consumers price index), for overtime chilled water is $135.00 per hour per floor, with a 4 hour minimum per day. Request for such use must be made at least one day in advance.
21.02Section 19.03. Landlord reserves the right without any liability whatsoeverto interrupt, curtail or abatement of fixed annual rent, or additional rent, suspend the services required to stop be furnished by Landlord under this Article 19 when the heating, air conditioning, elevator, plumbing, electric and other systems when necessary necessity therefore arises by reason of accident accident. emergency, mechanical breakdown, or emergency when required by any law, order or regulation of any federal, state, county or municipal authority, or for repairs, alterations, replacements or improvements, provided that except in case any other cause beyond the reasonable control of emergency, Landlord will notify Tenant reasonably 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. Landlord shall not use reasonable efforts to complete all repairs or other work so that Tenants inconvenience resulting therefrom may be obligated to employ overtime or premium labor thereforfor as short a period of time as circumstances will permit.
21.03Section 19.04. Tenant shall arrange reimburse Landlord for the cleaning 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 by any use of the demised premises Demised Premises during other than Business Hours.
Section 19.05. 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 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 removal 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 own refuse sole cost and rubbishexpense, 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 Landlord.
21.04Section 19.06. Landlord acknowledges (subject to this Section 19.06 and the provisions of this Lease 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 provide one person 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 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 lobby, 24 hours Demised Premises shall be increased then the aforesaid costs to Tenant shall be increased to fairly reflect the amount of the actual increase in cost per day, seven days per week, for security purposes who shall provide such security services as are generally provided in similar office buildings (i.e., sign-in book).
21.05ton of rate capacity incurred by Landlord. Tenant shall be entitledprovide and maintain at Tenants cost and expense as part of its separate air-conditioning system, without charge by if 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, to have 50% of the listings in the current directory located in the lobbyand at each floor, but an in-line condenser water pump. Tenant shall not less than the percentage of Tenant's Tax Shareinstall an air-cooled air-conditioning system.
21.06. Landlord will not be required to furnish any other services, except as otherwise provided in this Lease.
Appears in 1 contract
Samples: Lease (New Horizons Worldwide Inc)