Common use of SERVICES AND EQUIPMENT Clause in Contracts

SERVICES AND EQUIPMENT. Section 21.01. Landlord shall, at its cost and expense: (a) Provide operatorless passenger elevator service Mondays through Fridays from 8:00 A.M. to 6:00 P.M., holidays excepted. A passenger elevator will be available at all other times. A freight elevator shall be available Mondays through Fridays, holidays excepted, only from 8:00 to 6:00 P.M. The freight elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis other than on said days and hours at Landlord's customary charges therefor. (b) Maintain and repair the Building standard heating, ventilating and air conditioning system servicing the Demised Premises (the "HVAC System") installed by Landlord, except for those repairs which are the obligation of Tenant pursuant to Article 6 of this Lease. The HVAC System will be operated by Landlord as and when required by law, or for the comfortable occupancy of the Demised Premises (as determined by Landlord) throughout the year on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant shall draw and close the draperies or blinds for the windows of the Demised Premises whenever the HVAC 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. Landlord agrees to operate the HVAC System servicing the Demised Premises in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced service in accordance therewith. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Demised Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Demised Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Said system is designed to be capable of manufacturing, within tolerances normal in first-class office buildings, inside space conditions averaging 78 degrees Fahrenheit dry bulb and 50% relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or lower. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises by more than an average of one (1) person for each one hundred (100) square feet in any separate room or area, and upon a combined lighting and standard electrical load not to exceed three (3) xxxxx per usable square foot (excluding the Building HVAC), or if Tenant shall install and operate machines, incandescent lighting and appliances the total connected electrical load in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers. If Tenant shall occupy the Demised Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if the total connected electrical load is in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers, or if Tenant's partitions shall be arranged in such a way as to interfere with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts through which it operates required by reason thereof, and the cost thereof shall be reimbursed by Tenant to Landlord, as additional rent, within twenty (20) days after presentation of a xxxx therefor. Landlord, throughout the term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access thereto, or interfere with the moving of Landlord's equipment to and from the enclosures containing said installations. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised Premises. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be performed Saturdays, Sundays and holidays, in accordance with Schedule "D" annexed hereto and made part hereof. If, however, any additional cleaning of the Demised 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 Demised Premises or the Building for such purpose. Tenant, at its own cost, may utilize its own employees or outside contractors to perform additional cleaning services in the Demised Premises, provided such employees or outside contractors do not cause any labor disruption or dispute or violate Landlord's union contracts affecting the Building. However, such use of outside contractors shall be subject to the right of Landlord to match the costs chargeable by such outside contractors, in which event Landlord shall perform such services at such cost, to be paid by Tenant within twenty (20) days after being billed therefor. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish from the Demised Premises and the Building (i) to the extent that the same, in any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Demised Premises as offices, as described and included in Landlord's cleaning contract for the Building or recommended by Landlord's cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink, excluding food or drink for normal business use. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as additional rent within twenty (20) days after the time rendered. Tenant, at Tenant's expense, shall cause the Demised Premises to be exterminated from time to time to the satisfaction of Landlord and additionally shall cause all portions of the Demised Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Demised Premises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord. If so requested by Landlord, Tenant shall store any refuse generated by the consumption of food or beverages on the Demised Premises in a cold box or similar facility. (d) Furnish hot and cold water for lavatory and drinking purposes. If Tenant requires, uses or consumes water for any other purposes, Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant shall reimburse Landlord for the cost of the meter or meters and the installation thereof, and shall pay for the maintenance of said meter equipment and/or pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall pay to Landlord on demand the cost of all water consumed as measured by said meter or meters or as otherwise measured, including sewer rents. (e) If Tenant shall require and request any of the foregoing services at times other than above provided, and if such request is made at least twenty-four (24) hours prior to the time when such additional services are required, Landlord will provide them and Tenant shall pay to Landlord promptly thereafter the charges therefor at the then Building standard rate charged to other tenants in the Building. Section 21.02. Holidays shall be deemed to mean all federal holidays, state holidays and Building Service Employees Union Contract holidays. Section 21.03. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Lease when necessary by reason of accident, emergency, mechanical breakdown or when required by any law, order or regulation of any Federal, State, County or Municipal authority, or for any other cause beyond the control of Landlord. Landlord shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. Except as otherwise provided in this Lease, Tenant shall not be entitled to nor shall Tenant make claim for any diminution or abatement of minimum rent or additional rent or other compensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment, suspension, work or inconvenience. Section 21.04. Tenant shall reimburse Landlord promptly for the actual out-of-pocket cost to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant not covered by the Cleaning Specifications (Schedule D) and Tenant shall pay all bills therefor when rendered. Section 21.05. If Tenant shall request Landlord to furnish any services in addition to those hereinabove provided or perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly thereafter the charges therefor, which charges are deemed to be additional rent and payable as such. Section 21.06. Landlord shall provide security in the Building lobby and Tenant shall have access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week, subject to emergencies, police power and Article 34. Section 21.07. Landlord represents that the Building facility equipment is Y2K ready and the Building shall be operated and maintained as a first-class building similar to other first-class buildings in the vicinity of the Building.

Appears in 2 contracts

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

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SERVICES AND EQUIPMENT. Section 21.01. Landlord shall, at its cost and expense: (a) Provide operatorless necessary passenger elevator service Mondays through Fridays facilities on Business Days from 8:00 A.M. to 6:00 P.M., holidays excepted. A passenger P.M. and shall have at least one elevator will be available subject to call at all other times. A freight elevator At Landlord's option, the elevators shall be available Mondays through Fridaysoperated by automatic control or by manual control, holidays exceptedor by a combination of both of such methods. Tenant shall use passenger elevators solely for the transportation of its employees and invitees and not for freight handling, only from 8:00 to 6:00 P.M. The freight elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis delivery of packages requiring hand trucks or other than on said days and hours at Landlord's customary charges thereforsimilar items or the removal of refuse. (b) Provide freight elevator service on Business Days from 9:00 A.M. to 12:00 Noon and 12:30 P.M. to 5:00 P.M. All deliveries to Tenant shall be made at freight docks located on the ground floor or at such other locations as Landlord may from time to time designate. (c) Maintain and keep in good order and repair (i) the Building standard air conditioning, heating and ventilating unit existing on the date of this Lease in the Fourth Floor Space and (ii) the other base building structural systems in accordance with Section 7.01; it being understood that in no event shall Landlord be responsible for the maintenance or repair of any other air conditioning, heating or ventilating systems (on portions thereof) (whether installed by Landlord or Tenant), including, without limitation, systems that are installed to service Tenant's data processing, computer or telephone operations. Landlord shall provide reasonable amounts of condenser water to the Demised Premises from locations designated by Landlord 24 hours per day, 7 days per week. Tenant shall have the right to tap into the Building's condenser water riser via the tap currently located on the 0xx xxxxx xx Xxxxx XXX; provided, that the performance of such work shall be performed in accordance with Article 6 and all other applicable provisions of this Lease. Tenant acknowledges that Tenant shall be responsible for installing, at its sole cost and expense, heating, ventilating ventilation and air conditioning system servicing equipment in the Demised Premises (other than the "HVAC System") installed by Landlord, except for those repairs which are the obligation of existing 4th floor unit). Landlord has informed Tenant pursuant to Article 6 of this Lease. The HVAC System will be operated by Landlord as and when required by law, or for the comfortable occupancy of the Demised Premises (as determined by Landlord) throughout the year on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant shall draw and close the draperies or blinds for the windows of the Demised Premises whenever the HVAC system is in operation and the position of the sun so requires Building are sealed, 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. Landlord agrees to operate the HVAC System servicing that the Demised Premises in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction in operations below said design criteria in which case may become uninhabitable and the air therein may become unbreathable without such equipment shall be operated so as or during the hours or days when Landlord is not able to provide reduced service in accordance therewith. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as furnish condenser water to the habitability of the Demised Premises at any time the HVAC System is not in operationPremises. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, Any use or the suitability of the Demised Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Said system is designed to be capable of manufacturing, within tolerances normal in first-class office buildings, inside space conditions averaging 78 degrees Fahrenheit dry bulb and 50% relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or lower. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises by more than an average without such equipment or during such hours shall be at the sole risk, responsibility and hazard of one (1) person for each one hundred (100) square feet in any separate room or areaTenant, and upon a combined lighting and standard electrical load not to exceed three (3) xxxxx per usable square foot (excluding the Building HVAC), Landlord shall have no responsibility or if Tenant shall install and operate machines, incandescent lighting and appliances the total connected electrical load in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers. If Tenant shall occupy the Demised Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if the total connected electrical load is in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers, or if Tenant's partitions shall be arranged in such a way as to interfere with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts through which it operates required by reason thereof, and the cost thereof shall be reimbursed by Tenant to Landlord, as additional rent, within twenty (20) days after presentation of a xxxx liability therefor. Landlord, throughout the term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access thereto, or interfere with the moving of Landlord's equipment to and from the enclosures containing said installations. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised Premises. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be performed Saturdays, Sundays and holidays, in accordance with Schedule "D" annexed hereto and made part hereof. If, however, any additional cleaning Such condition of the Demised Premises is shall not constitute nor be deemed to be done 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 Tenant, it reason of such condition of the Demised Premises. Nothing contained herein shall be done deemed to require Landlord to furnish at Landlord's expense such electric energy as is required to operate the air conditioning system serving the Demised Premises. Subject to the provisions of Article 4 hereof all such electric energy shall be furnished to Tenant at Tenant's sole cost and expense, in a manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Demised Premises or the Building for such purpose. Tenant, at its own cost, may utilize its own employees or outside contractors to perform additional cleaning services in the Demised Premises, provided such employees or outside contractors do not cause any labor disruption or dispute or violate Landlord's union contracts affecting the Building. However, such use of outside contractors shall be subject to the right of Landlord to match the costs chargeable by such outside contractors, in which event Landlord shall perform such services at such cost, to be paid by Tenant within twenty (20) days after being billed therefor. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish from the Demised Premises and the Building (i) to the extent that the same, in any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Demised Premises as offices, as described and included in Landlord's cleaning contract for the Building or recommended by Landlord's cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink, excluding food or drink for normal business use. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as additional rent within twenty (20) days after the time rendered. Tenant, at Tenant's expense, shall cause the Demised Premises to be exterminated from time to time to the satisfaction of Landlord and additionally shall cause all portions of the Demised Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Demised Premises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord. If so requested by Landlord, Tenant shall store any refuse generated by the consumption of food or beverages on the Demised Premises in a cold box or similar facility. (d) Provide the cleaning and janitorial services described on Schedule E annexed hereto on Business Days. In the event Landlord's cost of providing such services to the Existing Buildings shall increase after the date hereof, Tenant agrees to pay to Landlord as additional rent on the first day of each and every month after such increase an amount equal to Tenant's Expense Share of the monthly increase of Landlord's cost of providing such services to the Existing Buildings. Landlord shall promptly notify Tenant of any such increase. Tenant shall employ Landlord to provide any cleaning and janitorial services in excess of those specified in Schedule E and Tenant shall deliver to Landlord a list setting forth in reasonable detail all such excess cleaning and janitorial services. Landlord, its cleaning contractor and their employees shall have access to the Demised Premises at all times after 5:30 P.M. and before 8:00 A.M. and shall have the right to use, without charge therefor, all light, power and water in the Demised Premises reasonably required to clean the Demised Premises as required under this Section 21.01. Tenant shall comply with any rules Landlord and/or its cleaning contractor and/or any consultant to Landlord may establish regarding the management and recycling of solid waste, as may be necessary for Landlord to comply with any Legal Requirements, including without limitation the New Jersey Department of Environmental Protection Rules on Coastal Resources and Development (N.J.A.C. 7:7E - 1.1). (e) Furnish hot and cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's water consumption, and Tenant shall further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and shall 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 pay to reimburse Landlord on demand for the cost of all water consumed in excess of that estimated to be consumed for lavatory, drinking and office cleaning purposes, as measured by said meter or meters or as otherwise measured, including sewer rents. (ef) If Tenant shall require and request any Maintain the common areas of the foregoing services at times other than above Complex in good order and repair. (g) Permit Tenant to use sufficient shaft space in Plaza III to accommodate three 4" diameter conduits for a telecommunication shaftway; provided, that all work required for Tenant to use such shaftway shall be subject to Landlord's prior approval and if shall be performed at Tenant's expense in accordance with this Article 6 and the other applicable provisions of this Lease; provided, further, that Landlord makes no representation or warranty whatsoever concerning the suitability of such request is made at least twenty-four shaft space for such use by Tenant (24) hours prior Tenant hereby acknowledging that in order to obtain access to such shaft space Tenant will require access to the time when such additional services are required, Landlord will provide them premises of other tenants in Plaza III and Tenant shall pay to Landlord promptly thereafter the charges therefor at the then Building standard rate charged to other tenants in the Buildingbe solely responsible for negotiating for such right of access). Section 21.02. Holidays shall be deemed to mean all federal holidays, state holidays and Building Service Employees Union Contract holidays. Section 21.03. Landlord reserves the right without any liability whatsoever, or abatement of Basic Annual Rent or additional rent, to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Lease air conditioning, elevator, plumbing, electric and other systems when necessary by reason of accidentaccident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, mechanical breakdown Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and will proceed diligently with the work necessary to resume such service as promptly as possible and in a manner so as to minimize interference with Tenant's use and enjoyment of the Demised Premises, but Landlord shall not be obligated to employ overtime or when required premium labor therefor. 21.03. It is expressly agreed that only Landlord or any one or more persons, firms or corporations authorized in writing by Landlord (which authorization shall be granted only if the employment of such person, firm or corporation would not result in jurisdictional disputes or strikes or cause disharmony with other workers or servicers employed at the Property or conflict with the terms of any contract with such workers or servicers) will be permitted to furnish laundry, drinking water, ice, food or beverages, cable television and other similar supplies and services to tenants and licensees in the Building. Landlord may fix, in its reasonable judgment, at any time and from time to time, the hours during which and the regulations under which such supplies and services are to be furnished. Landlord expressly reserves the right to act as or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of the said supplies and services, provided that the quality thereof and the charges therefor are reasonably comparable to that of other suppliers. Landlord expressly reserves the right to exclude from the Building any messenger service. It is understood, however, that Tenant or regular office employees or guests of Tenant who are not employed by any lawsupplier of such food or beverages or by any person, order firm or regulation corporation engaged in the business of any Federalpurveying such food or beverages, State, County may on an occasional or Municipal authorityincidental basis (i) personally bring food or beverages into the Building for consumption within the Demised Premises by employees or guests of Tenant, or (ii) order food or beverages for delivery from take-out or catering establishments, provided that such deliveries do not materially cause elevator delays nor inconvenience the other tenants of the Building. No food or beverage may be brought into the Building for resale to or for consumption by any other cause beyond the control of Landlordtenant. 21.04. Landlord shall use due diligence will not be required to complete all required repairs or furnish any other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. Except services, except as otherwise provided in this Lease, Tenant shall not be entitled to nor shall Tenant make claim for any diminution or abatement of minimum rent or additional rent or other compensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment, suspension, work or inconvenience. Section 21.04. Tenant shall reimburse Landlord promptly for the actual out-of-pocket cost to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant not covered by the Cleaning Specifications (Schedule D) and Tenant shall pay all bills therefor when rendered. Section 21.05. If Tenant shall request Landlord to furnish any services in addition to those hereinabove provided or perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly thereafter the charges therefor, which charges are deemed to be additional rent and payable as such. Section 21.06. Landlord shall provide security in the Building lobby and Tenant shall have access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week, subject to emergencies, police power and Article 34. Section 21.07. Landlord represents that the Building facility equipment is Y2K ready and the Building shall be operated and maintained as a first-class building similar to other first-class buildings in the vicinity of the Building.

Appears in 2 contracts

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

SERVICES AND EQUIPMENT. Section 21.0115.01. Landlord shallLandlord, at its own cost and expenseexpense shall: (a) Provide operatorless full passenger elevator service Mondays through Fridays (i.e., five (5) Passenger elevator cars, subject to the provisions of Section 15.03) from 8:00 A.M. to 6:00 P.M., holidays excepted. A P.M. on all Business Days with two (2) passenger elevator will be elevators available at all other times. A freight Landlord may designate local and express stops for elevators and may change such designation of express and local stops from time to time. Landlord agrees that, except in an emergency situation, Landlord shall not grant permission for any construction items or materials or for any workmen carrying the same to be transported by use of the passenger elevator cars. At times other than during Business Hours of Business Days up to one (1) elevator car in Tenant’s elevator bank may be used for the transport of construction workers or materials; provided that such elevator car shall be available Mondays through Fridays, holidays excepted, only from 8:00 to 6:00 P.M. The freight properly cleaned before the beginning of the next Business Day. Landlord will use a first class standard for elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis other than on said days and hours at Landlord's customary charges thereformaintenance. (b) Maintain Provide freight elevator service to the Premises on a first come-first served basis (i.e., no advance scheduling) during the Building’s normal freight elevator hours (i.e., 8 A.M. to 12:00 P.M. and repair 1:00 P.M. to 4:30 P.M.) of Business Days. Freight elevator service shall also be provided to the Premises on a reserved basis at all other times, upon the payment of Landlord’s then established charges therefor which shall be Additional Charges hereunder. As of the date hereof, Landlord’s charge for overtime freight elevator service is at the rate of $200 per hour subject to increase in proportion to increases in Landlord’s actual costs to provide same. Any request for overtime freight elevator service shall entail a minimum in the number of hours to the extent the applicable Building Service Union Employee Service contract requires a minimum number of hours per shift. (i) Supply ventilation throughout the year and supply heat and air-conditioning, as seasonally required; but in all events, Landlord shall supply heat from October 15 to April 15 and air-conditioning from April 15 to October 15, from the Building standard heating, ventilating and air air-conditioning system servicing the Demised Premises (the "HVAC System") installed by Landlord, except for those repairs which are the obligation of Tenant pursuant to Article 6 of this Lease. The HVAC System will be operated by Landlord as and when required by law, or for the comfortable occupancy of the Demised Premises (as determined by Landlord) throughout the year on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant shall draw P.M, on all Business Days in accordance with the specifications attached hereto as Exhibit N and close the draperies or blinds for the windows made a part hereof. (ii) In connection with its operation of the Demised Premises whenever existing systems and equipment in the HVAC system Building, give due consideration to the applicable portions of ASHRAE Standard No. 62-1989 to the extent that the same is in operation implemented or adhered to generally by buildings with similar systems and the position equipment and of similar age and size. Tenant acknowledges that if it shall fail to keep entirely unobstructed all of the sun so requires vents, intakes, outlet and shall, grilles in the Premises at all times, cooperate fully or shall fail to comply with and observe all reasonable regulations and requirements prescribed by Landlord and abide by all of the Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC System. Landlord agrees to operate heating, ventilating and air-conditioning system, the HVAC System servicing services may not meet the Demised Premises standards set forth in the specifications. (d) Provide cleaning services, in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced service in accordance therewith. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Demised Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Demised Premises when the same is not in operation, whether due to normal scheduling or the reasons specifications set forth in Section 21.03. Said system is designed to be capable of manufacturingExhibit F hereto, within tolerances normal in first-class office buildings, inside space conditions averaging 78 degrees Fahrenheit dry bulb and 50% relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or lower. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises by more than an average of one (1) person for each one hundred (100) square feet in any separate room or area, and upon a combined lighting and standard electrical load not to exceed three (3) xxxxx per usable square foot (excluding the Building HVAC), or if Tenant shall install and operate machines, incandescent lighting and appliances the total connected electrical load in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers. If Tenant shall occupy the Demised Premises at an occupancy rate of greater than that for which the HVAC System was designed, or if the total connected electrical load is in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers, or if Tenant's partitions shall be arranged in such a way as to interfere with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts through which it operates required by reason thereof, and the cost thereof shall be reimbursed by Tenant to Landlord, as additional rent, within twenty (20) days after presentation of a xxxx therefor. Landlord, throughout the term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access thereto, or interfere with the moving of Landlord's equipment to and from the enclosures containing said installations. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised Premises. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be performed Saturdays, Sundays and holidays, in accordance with Schedule "D" annexed hereto and made part hereof. If, however, any additional cleaning of the Demised 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 Demised Premises or the Building for such purpose. Tenant, at its own cost, may utilize its own employees or outside contractors to perform additional cleaning services in the Demised Premises, provided such employees or outside contractors do not cause any labor disruption or dispute or violate Landlord's union contracts affecting the Building. However, such use of outside contractors shall be subject to the right of Landlord to match the costs chargeable by such outside contractors, in which event Landlord shall perform such services at such cost, to be paid by Tenant within twenty (20) days after being billed therefor. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish from the Demised Premises and the Building (i) to the extent that the same, in any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Demised Premises as offices, as described and included in Landlord's cleaning contract for the Building or recommended by Landlord's cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink, excluding food or drink for normal business use. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as additional rent within twenty (20) days after the time rendered. Tenant, at Tenant's expense, shall cause the Demised Premises to be exterminated from time to time to the satisfaction of Landlord and additionally shall cause on all portions of the Demised Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Demised Premises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord. If so requested by Landlord, Tenant shall store any refuse generated by the consumption of food or beverages on the Demised Premises in a cold box or similar facilityBusiness Days. (de) Furnish hot and cold water for lavatory and drinking purposesand office cleaning purposes and for use in all pantries and kitchenettes installed by Tenant in the Premises. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter or meters or other means to measure Tenant's ’s water consumption, and Tenant further agrees to reimburse Landlord for the reasonable out-of-pocket cost of the meter and the installation thereof, and to pay for the reasonable out-of-pocket maintenance cost of said meter equipment within thirty (30) days after Landlord’s rendition of a xxxx therefor. Tenant shall reimburse Landlord for the cost of the meter or meters and the installation thereof, and shall pay for the maintenance of said meter equipment and/or pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall pay to Landlord on demand the cost of all water consumed as measured by said meter or meters or as otherwise measuredbased upon the actual out-of-pocket cost to Landlord of such water, including any actual out-of-pocket costs incurred by Landlord in connection with the meter readings, and any sewer rents, and all other charges imposed by any authority, on, or measured by, the use of water within thirty (30) days after rendition of a xxxx therefor. (ef) If Maintain listings on the Building directory of the names of Tenant, or its permitted subtenants, assignees or affiliates and the names of any of their officers and employees, provided that the names so listed shall not use more than Tenant’s Proportionate Share of the space on the Building directory. Tenant shall require reimburse Landlord for any actual out-of-pocket costs incurred by Landlord to unaffiliated third parties in connection with changes and request additions to such directory listings requested by Tenant. (g) Repaint or retouch, as reasonably required to compensate for ordinary wear and tear and for any damage caused by Landlord, its employees, contractors and agents, all convector covers in the Premises not less frequently than once in every three (3) years; provided, however, that Tenant shall be solely responsible at its expense to remove its property and make such convectors accessible for such painting by Landlord. (h) With respect to the Tenant named herein only, provide at the existing security/concierge desk in the lobby of the foregoing services at times Building during all hours other than above providedBusiness Hours of Business Days personnel to carry out such security procedures as are set forth in Exhibit P hereof and to implement other security measures as Landlord shall from time to time adopt (after consultation with Tenant, and if but without any obligation to obtain Tenant’s agreement or approval). Notwithstanding that Landlord shall agree to instruct its employees to follow such request is made at least twenty-four (24) hours prior to the time when such additional services are requiredsecurity procedures as set forth in this Lease, Landlord will provide them and Tenant shall pay in no way be responsible for any violation of such procedures or circumvention of such Procedures as may occur from time to Landlord promptly thereafter the charges therefor time at the then Building standard rate charged and in no event shall Landlord be liable to Tenant for any loss, injury or damage to Tenant or to any other tenants person as may result from violations or circumventions of the security procedures instituted at the Building as described in the Buildingthis subsection 15.01(h). Section 21.0215.02. Holidays shall be deemed to mean all federal holidaysthose dates designated as holidays by the Board of Governors of the New York Stock Exchange, state in addition to dates designated as holidays by the City of New York, State of New York and/or the United States, and in addition shall also include holidays to which maintenance or service employees of the Building Service Employees Union Contract holidaysare entitled under their union contract or contracts. Section 21.0315.03. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Lease Article 15 when necessary the necessity therefor arises by reason of accident, emergency, mechanical breakdown breakdown, or when required by any law, order or regulation of any Federal, Statestate, County county or Municipal municipal authority, or for any other cause beyond the reasonable control of Landlord. Except in case of an emergency, Landlord will notify Tenant in advance of any such stoppage, and if ascertainable, its estimated duration. Landlord shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permitin accordance with the standards set forth in subsection 13.01(b). Except as otherwise provided set forth in this LeaseSection 13.03 hereof and subject to the provision of Section 27.03 hereof, Tenant shall not be entitled to nor shall Tenant make claim for any no diminution or abatement of minimum rent or additional rent or other compensationcompensation shall or will be claimed by Tenant as a result therefrom, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment, curtailment or suspension, work or inconvenience. Section 21.04. Tenant shall reimburse Landlord promptly for the actual out-of-pocket cost to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant not covered by the Cleaning Specifications (Schedule Da) and Tenant shall pay all bills therefor when rendered. Section 21.05. If Tenant shall request require heat or air-conditioning services at any time other than as furnished by Landlord in accordance with subsection 15.01(c) hereof, then, if Tenant shall give notice in writing to the Building superintendent prior to 4:00 P.M. in the case of services required on weekdays, prior to 4:00 P.M. on the Friday prior in the case of after hours service recurred on weekends or on holiday Mondays or prior to 4:00 P.M. on the day prior in the case of after hours service recurred on other holidays or weekends following Fridays which are holidays, Landlord shall furnish any services in addition to those hereinabove provided or perform any work not required under this Lease, such service and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly thereafter the upon demand as Additional Charges hereunder Landlord’s then established charges therefor. As of the date hereof, which charges are deemed Landlord’s standard rate charged to be additional rent and payable as such. Section 21.06. Landlord shall provide security other tenants in the Building lobby is $600.00 per floor per hour and, except as otherwise provided below in this subsection 15.04(a), requires a four (4) hour minimum and a four (4) floor minimum. Such charge shall be subject to increase in proportion to increases in Landlord’s actual costs to provide same provided however if Landlord charges a future tenant in the Building a lesser rate for the overtime heat or air-conditioning services, then provided Tenant shall have access agree to be obligated to utilize the same or more overtime heat or air-conditioning services utilized by such future tenant, such charge charged to Tenant shall then and thereafter be reduced to such lesser charge charged to such future tenant. If any other tenant or tenants of the Building in the same zone as Tenant request overtime air-conditioning or heating for any period for which Tenant has requested such service pursuant to the Demised Premises twenty-provisions of this subsection 15.04(a), then the Landlord’s charge for overtime HVAC, as set forth above, shall be prorated among Tenant and such other tenant or tenants, as the case may be. Notwithstanding the generality of the foregoing, any request for overtime HVAC service to commence at 6:00 P.M. on any Business Day shall not require or be subject to a “minimum” with respect to hours, but shall still require a four (244) floor minimum. Notwithstanding anything to the contrary contained herein, Tenant shall be entitled to receive overtime HVAC without being required to pay any Additional Charges therefor on up to twelve (12) occasions (each such occasion being of a duration of four (4) hours per day, seven and applying with respect to four (74) days per week, subject to emergencies, police power and Article 34. Section 21.07. Landlord represents that the Building facility equipment is Y2K ready and the Building shall be operated and maintained as a first-class building similar to other first-class buildings floors in the vicinity Premises) during each calendar year to occur during the term of this Lease (prorated on the Building.basis of one (1) such occasion per month with respect to any partial calendar year to occur during the term of this Lease). Each such four (4) continuous hour period is

Appears in 2 contracts

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

SERVICES AND EQUIPMENT. Section 21.01. 28.1 Landlord shall, at its cost and Landlord’s expense: (aA) Provide operatorless passenger elevator service Mondays through Fridays from 8:00 A.M. to 6:00 P.M.the Premises on Business Days during Operating Hours and, holidays excepted. A subject to Section 28.3, have two passenger elevator will be available elevators on call at all other times. A Tenant agrees that Landlord may, at its election, install elevators with or without operators and may change the same from time to time as long as, subject to Section 28.3, Landlord does not reduce the number of passenger elevators serving the Premises on the date of this Lease or reduce the number of passenger elevators on call during other than Operating Hours below two passenger elevators. (B) Provide one (1) freight elevator shall be available Mondays through Fridays, holidays excepted, only from 8:00 to 6:00 P.M. The freight elevator shall be available serving the Premises on call on a "first come, first served" basis during the said days and hours on Business Days from 8:00 a.m. to 5:00 p.m., and on a reservation "reservation, “first come, first served" basis from 5:00 p.m. to 8:00 a.m. on Business Days and at any time on days other than on said days and hours at Landlord's customary charges thereforBusiness Days. (bC) Maintain Furnish and repair distribute air-conditioning to the Building standard heatingPremises, ventilating and air conditioning system servicing through the Demised Premises (the "HVAC System") , during Operating Hours and on Saturdays from 8:00 a.m. to 1:00 p.m., air-conditioning as needed to conform with Schedule O, and heat and/or ventilation as needed to conform with Schedule O from October 15 through April 30. Tenant shall pay Landlord for such Saturday service at the rates set forth in Schedule Q attached hereto. Landlord, at Tenant’s expense, shall construct a new mechanical equipment room on the fourth floor of the Premises simultaneously with the performance of the work described in Section 38.1(H). Tenant shall reimburse Landlord for Landlord’s actual out-of-pocket costs in performing such work. In addition, specifications for the doors to all mechanical equipment rooms to be installed by Landlord, except for those repairs which Landlord are the obligation of Tenant pursuant annexed to Article 6 of this LeaseLease as Schedule O-1. The HVAC System will be operated by Landlord as and when required by law, or for the comfortable occupancy of the Demised Premises (as determined by Landlord) throughout the year on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant shall draw and close the draperies or blinds for the windows of the Demised Premises whenever the HVAC ventilation or air-conditioning system is in operation and the position of the sun so requires and shall, at all times, reasonably 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. Landlord agrees Subject to operate the provisions of this Section 28.1(C), the HVAC System servicing the Demised Premises shall perform in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction the specifications set forth in operations below said design criteria in which case such equipment shall be operated so as Schedule O annexed to provide reduced service in accordance therewiththis Lease. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Demised Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Demised Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Said system is designed to be capable of manufacturing, within tolerances normal in first-class office buildings, inside space conditions averaging 78 degrees Fahrenheit dry bulb and 50% relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or lower. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises by more than an average of one (1) person for each one hundred (100) 100 square feet in any separate room or area, and upon a combined lighting and standard electrical load not to exceed three (3) xxxxx per of usable square foot (excluding the Building HVAC), area or if Tenant shall install and operate machines, incandescent lighting and appliances the total connected electrical load uses in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers. If Tenant shall occupy the Demised Premises at an occupancy rate six (6) xxxxx connected load of greater than that for which the HVAC System was designed, or if the total connected electrical load is in excess of the Building's electrical specifications, as determined by Landlord's consulting engineers, or if Tenant's partitions shall be arranged in such a way as to interfere with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts through which it operates required by reason thereof, and the cost thereof shall be reimbursed by Tenant to Landlord, as additional rent, within twenty (20) days after presentation of a xxxx thereforelectricity per rentable square foot. Landlord, throughout the termTerm, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, heating equipment, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct partitions or place partitions, furniture or other obstructions that may interfere with Landlord's free ’s access theretothereto on the terms and conditions contained in Article 16 or the proper functioning of Building Systems, or interfere with the moving of Landlord's ’s equipment to and from the enclosures containing said installations. Neither Tenant nor any person its agents, employees or entity within Tenant's control contractors shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect . Landlord shall not be in violation of this Section 28.1(C) if the hours during which Landlord may supply HVAC to the thermostatic controls within Premises are limited or restricted by Laws applicable to Landlord or the Demised PremisesBuilding. (cD) Provide Building standard cleaning services in Tenant's office space Furnish cold water through a water riser to the Premises for ordinary drinking, cleaning, pantry and public portions lavatory purposes. Landlord shall also provide hot water to service the core restrooms on each floor of the BuildingPremises through independent hot water heaters installed by Landlord. If Tenant requires, except no services uses or consumes water for any other purposes, Tenant agrees that Tenant shall install a meter or meters or other means to measure Tenant’s water consumption, and Tenant further agrees to pay for the cost of the meter or meters and the installation thereof, and to pay for the cost to maintain said meter equipment and/or to pay Landlord’s cost of other means of measuring such water consumption by Tenant. In such event, Tenant shall reimburse Landlord for Landlord’s out-of-pocket cost, plus 4%, of all water consumed (including costs of generating hot water) as measured by said meter or meters or as otherwise measured, including sewer rents, as Additional Rent within thirty (30) days after bills are rendered. (E) Provided Tenant shall keep the Premises in order, Landlord, at Landlord’s expense, shall cause the Premises, and excluding any portions thereof used as security areas or used for the storage, preparation, service or consumption of food or beverages, to be performed Saturdays, Sundays and holidays, cleaned on Business Days in accordance with the cleaning specifications annexed to this Lease as Schedule "D" annexed hereto and made part hereof. D. If, however, any additional cleaning of the Demised Premises is to be done by Tenant, it shall be done at Tenant's ’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 Demised Premises or the Building for such purpose. Tenant, at its own cost, may utilize its own employees Tenant shall either contract directly with the cleaning contractor for the Building or outside contractors to perform additional cleaning services in the Demised Premises, provided such employees or outside contractors do not cause any labor disruption or dispute or violate Landlord's union contracts affecting the Building. However, such use of outside contractors shall be subject to the right of Landlord to match the costs chargeable by such outside contractors, in which event Landlord shall perform such services at such cost, to be paid by Tenant within twenty (20) days after being billed therefor. Tenant shall pay to Landlord the commercially reasonable cost of removal of any of Tenant's ’s refuse and rubbish from the Demised Premises and the Building (i) to the extent that the same, in any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Demised Premises as offices, as described and included in Landlord's ’s cleaning contract for the Building or recommended by Landlord's cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink, excluding food or drink for normal business use. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect monthly and shall be due and payable as additional rent Additional Rent within twenty thirty (2030) days after the time rendered. Tenant, at Tenant's expense, shall cause the Demised Premises to be exterminated from time to time to the satisfaction of Landlord and additionally Tenant shall cause all portions of the Demised Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. If Landlord shall have implemented a Building wide extermination program, or is using the Building cleaning contractor to perform extermination service in the Building, Tenant shall use such contractor (provided its rates are commercially reasonable) and shall not permit any other person to enter the Demised Premises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord. If so requested by Landlord, Tenant Tenant, at Tenant’s expense, shall store any refuse generated by the consumption of food or beverages on the Demised Premises in a cold box or similar facility. (dF) Furnish hot If any sprinkler system installed in the Building or any of its appurtenances are damaged or injured or not in proper working order by reason of any act or omission of Tenant or of Persons Within Tenant’s Control, Tenant shall forthwith restore the same to good working condition at Tenant’s expense; and cold water for lavatory and drinking purposes. If Tenant requiresif the New York Board of Fire Underwriters or the New York Insurance Rating Organization or any Government Authority requires or recommends that any changes, uses modifications, alterations or consumes water for any other purposes, Landlord may install a meter or meters additional sprinkler heads or other means to measure equipment be made or supplied by reason of Tenant's water consumption’s business, and Tenant shall reimburse Landlord for or the cost location of the meter partitions, trade fixtures, or meters other contents of the Premises, Tenant shall, at Tenant’s expense, promptly make and the installation thereofsupply such changes, modifications, alterations, additional sprinkler heads or other equipment (pursuant to submission of necessary engineering plans and shall pay specifications for the maintenance of said meter equipment and/or pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall pay to Landlord on demand the cost of all water consumed as measured by said meter or meters or as otherwise measured, including sewer rents’s approval). (eG) If Subject to the Rules and Regulations, Tenant shall require (and request any of the foregoing services at times other than above providedits employees, permitted subtenants and occupants, and if such request is made at least twenty-four (24invitees) hours prior to the time when such additional services are required, Landlord will provide them and Tenant shall pay to Landlord promptly thereafter the charges therefor at the then Building standard rate charged to other tenants in the Building. Section 21.02. Holidays shall be deemed to mean all federal holidays, state holidays and Building Service Employees Union Contract holidays. Section 21.03. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Lease when necessary by reason of accident, emergency, mechanical breakdown or when required by any law, order or regulation of any Federal, State, County or Municipal authority, or for any other cause beyond the control of Landlord. Landlord shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. Except as otherwise provided in this Lease, Tenant shall not be entitled to nor shall Tenant make claim for any diminution or abatement of minimum rent or additional rent or other compensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment, suspension, work or inconvenience. Section 21.04. Tenant shall reimburse Landlord promptly for the actual out-of-pocket cost to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant not covered by the Cleaning Specifications (Schedule D) and Tenant shall pay all bills therefor when rendered. Section 21.05. If Tenant shall request Landlord to furnish any services in addition to those hereinabove provided or perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly thereafter the charges therefor, which charges are deemed to be additional rent and payable as such. Section 21.06. Landlord shall provide security in the Building lobby and Tenant shall have access to the Demised Premises twenty-four (24) 24 hours per day, day seven (7) days per week, subject to emergencies, police power and Article 34. Section 21.07. Landlord represents that (H) Furnish and distribute to the Building facility equipment is Y2K ready lobbies presently known as the 355 Lobby (hereinafter defined) and the Building 345 Lobby, through the HVAC System during Operating Hours, air-conditioning from May 1 through October 14 and heat or ventilation (as needed) from October 15 through April 30. The “345 Lobby” shall be operated and maintained as a first-class building similar to other first-class buildings in mean the vicinity ground floor lobby of the BuildingBuilding at 000 Xxxx Xxxxxx Xxxxx.

Appears in 1 contract

Samples: Lease Agreement (Digitas Inc)

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SERVICES AND EQUIPMENT. Section 21.0142.01. Any service which Landlord is required to furnish pursuant to the provisions of this Lease may, at Landlord's option, be furnished from time to time in whole or in part by employees of Landlord or by one or more third persons. Upon notice to Tenant, any such third person, and in particular the managing agent of the Building from time to time, shall be deemed to be agent of Landlord within the meaning of Section 14.01 hereof and entitled to be indemnified and saved harmless as if it were Landlord within the meaning of Section 20.01 hereof. Section 42.02. So long as this Lease is in full force and effect Landlord shall, at its cost and expense: (a) Provide operatorless necessary elevator facilities on Business Days (defined as all days except Saturdays, Sundays and all federal, state or local legal holidays, as well as any other days recognized as holidays under applicable union contracts) during "regular hours" (that is between the hours of 8:00 A.M. and 6:00 P.M.) and shall have at least one passenger elevator service Mondays through Fridays from 8:00 A.M. subject to 6:00 P.M., holidays excepted. A passenger elevator will be available call at all other timestimes thereby providing access to the Demised Premises, on a 24 hours a day, 7 days a week basis. A At Landlord's option, the elevators shall be operated by automatic control or manual control, or by a combination of both of such methods. In connection with Tenant's initial move-in to the Demised Premises, Tenant shall pay only Landlord's actual costs including standard building service fees for providing freight elevator shall be available Mondays through Fridays, holidays excepted, only from 8:00 to 6:00 P.M. The freight elevator shall be available on a "first come, first served" basis during the said days and hours and on a reservation "first come, first served" basis other than on said days and hours at Landlord's customary charges thereforservice after hours. (b) Maintain and repair operate the Building standard heatingbase building heating system and shall, ventilating subject to the design specifications of the heating system and air conditioning system servicing to energy conservation requirements of, and voluntary energy conservation programs sponsored by, governmental authorities, furnish heat (hereinafter called "Heat Service") to the Demised Premises (the "HVAC System") installed by LandlordPremises. Heat service shall be provided, except as may be required for those repairs which are the obligation of Tenant pursuant to Article 6 of this Lease. The HVAC System will be operated by Landlord as and when required by law, or for the comfortable occupancy of the Demised Premises (as determined by Landlord) throughout during regular hours of Business Days during the year on Mondays through Fridays, holidays excepted, from 8:00 A.M. to 6:00 P.M.; provided that Tenant shall draw and close the draperies or blinds for the windows of the Demised Premises whenever the HVAC 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. Landlord agrees to operate the HVAC System servicing the Demised Premises in accordance with their design criteria unless energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced service in accordance therewith. Tenant expressly acknowledges that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as to the habitability of the Demised Premises at any time the HVAC System is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Demised Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Said system is designed to be capable of manufacturing, within tolerances normal in first-class office buildings, inside space conditions averaging 78 degrees Fahrenheit dry bulb and 50% relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or lower. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises by more than an average of one (1) person for each one hundred (100) square feet in any separate room or area, and upon a combined lighting and standard electrical load not to exceed three (3) xxxxx per usable square foot (excluding the Building HVAC), or if Tenant shall install and operate machines, incandescent lighting and appliances the total connected electrical load in excess of the Building's electrical specifications, as determined by Landlord's consulting engineersheating season. If Tenant shall occupy the Demised Premises at an occupancy rate of greater require heat service during hours other than that for which the HVAC System was designed, regular hours or if the total connected electrical load is in excess of the Building's electrical specifications, on days other than Business Days and Saturdays as determined by Landlord's consulting engineers, or if Tenant's partitions shall be arranged in such a way as to interfere with the normal operation of the HVAC Systemprovided above (hereinafter called "After Hours"), Landlord may elect to make changes to shall furnish such After Hours heat service upon advance notice given the HVAC System or the ducts through which it operates required by reason thereof, and the cost thereof shall be reimbursed by Tenant to Landlord, as additional rent, within twenty (20) days after presentation of a xxxx therefor. Landlord, throughout the term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closetsday before from Tenant, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access thereto, or interfere with pay the moving of Landlord's equipment building standard charge for the electricity consumed by the HVAC system during After Hours pursuant to and from the enclosures containing said installations. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised PremisesArticle 11 hereof. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be performed Saturdays, Sundays and holidays, in accordance with Schedule Supply base building air conditioning (hereinafter referred to as "D" annexed hereto and made part hereof. If, however, any additional cleaning of the Demised Premises is A/C service") 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 Demised Premises or the Building for such purpose. Tenant, at its own cost, may utilize its own employees or outside contractors to perform additional cleaning services in the Demised Premises, provided such employees or outside contractors do not cause any labor disruption or dispute or violate Landlord's union contracts affecting the Building. However, such use of outside contractors shall be subject to the right design specifications of the systems and to energy conservation requirements of, and voluntary energy conservation programs sponsored by, governmental authorities, during regular hours of Business Days from May 15 to September 15. Landlord to match represents that the costs chargeable by such outside contractorsbase building air conditioning is not operated on Tenant's electrical submeter. If Tenant shall require A/C service during After Hours, in which event Landlord shall perform furnish such After Hours HVAC service upon advance notice the day before from Tenant, and Tenant shall pay the building standard charge for the electricity consumed by the HVAC System during After Hours pursuant to Article 11 hereof. All extra charges shall be separately designated and calculated. (d) Provide cleaning and janitorial services at such cost, to be paid by Tenant within twenty (20) days after being billed thereforon Business Days as set forth on Exhibit 4. Tenant shall pay to Landlord on demand the cost costs incurred by Landlord for (a) extra cleaning work in the demised premises required because of (i) misuse or neglect on the part of Tenant or its employees or visitors, (ii) use of portions of the demised premises for preparation, serving or consumption of food or beverages, data processing, or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-building standard materials or finishes installed by Tenant or at its request and (b) removal of any of Tenant's refuse and rubbish from the Demised Premises and the Building (i) to the extent that the same, in of so much of any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon of Tenant as shall exceed that ordinarily accumulated daily in the use routine of such Demised Premises as officesbusiness office occupancy. Landlord, as described its cleaning contractor and included in Landlord's cleaning contract for the Building or recommended by Landlord's cleaning contractor, and (ii) related their employees shall have After Hours access to or deriving from the preparation or consumption of food or drink, excluding food or drink for normal business use. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as additional rent within twenty (20) days after the time rendered. Tenant, at Tenant's expense, shall cause the Demised Premises to be exterminated from time to time to and the satisfaction free use of Landlord light, power and additionally shall cause all portions of water in the Demised Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner ` demised premises as reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Demised Premises or the Building required for the purpose of providing such extermination services, unless such persons have been approved by Landlord. If so requested by Landlord, Tenant shall store any refuse generated by the consumption of food or beverages on cleaning the Demised Premises in a cold box or similar facilityaccordance with Landlord's obligations hereunder. (de) Furnish hot and cold water for lavatory and drinking and office cleaning purposes. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees to Landlord may install installing a meter or meters or other means to measure Tenant's water consumption, and Tenant shall further agrees to reimburse Landlord for the cost of the meter or meters and the installation thereof, and shall 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 TenantTenant including standard building service fees. Tenant shall pay to reimburse Landlord on demand for the cost of all water consumed consumed, as measured by said meter or meters or as otherwise measured, including sewer rents. (ef) If Tenant Landlord shall require maintain and request clean all Common Building Facilities; shall be responsible to remove snow and ice from the common building areas and facilities and provide access to the building for the Tenant. (g) Landlord shall provide vermin extermination and repair and replacement of any item in the building damaged by vermin. (h) Landlord shall maintain a concierge desk with a concierge present at all times during Business Hours. (1) Except as otherwise specifically set forth herein, Landlord shall maintain, repair and replace as necessary, keep in good order, safe and clean condition, the plumbing, sprinkling, HVAC, electrical and mechanical lines and equipment associated therewith, elevators and boilers, broken and damaged glass; (2) utility and trunk lines, tanks and transformers and the interior and exterior structure of the foregoing services at times other than above providedbuilding, including the roof, exterior walls, bearing walls, support beams, floor slabs, foundations support columns and if such request is made at least twenty-four window frames; (243) hours prior to common building facilities located within or outside the time when such additional services are requiredbuilding including, Landlord will provide them the common entrances, corridors, interior and Tenant shall pay to Landlord promptly thereafter the charges therefor at the then Building standard rate charged to other tenants in the Buildingexterior doors and windows, stairways, lavatory facilities and access ways therefore. Section 21.0242.03. Holidays Any use of the Demised Premises, or any part thereof, or rearrangement of partitioning in a manner that interferes with normal operation of the heat and air-conditioning systems (hereinafter called the systems) servicing the same, may require changes in such systems. Such changes, so occasioned, shall be deemed made by Tenant, at its expense, subject to mean all federal holidaysLandlord's prior written approval of such changes, state holidays and Building Service Employees Union Contract holidayswhich approval shall not be unreasonably withheld. Tenant shall not make any change, alteration, addition or substitution to the air-conditioning system without Landlord's prior written approval. Section 21.0342.04. Landlord reserves the right without any liability whatsoever; or abatement of fixed annual rent, or additional rent, to interruptstop the heating, curtail or suspend the services required to be furnished by Landlord under this Lease air- conditioning, elevator, plumbing, electric and other systems when necessary by reason of accident, emergency, mechanical breakdown accident or when required by any law, order or regulation of any Federal, State, County or Municipal authority, emergency or for any other cause beyond the control of Landlordrepairs, alterations, replacements or improvements. Landlord shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. Except as otherwise provided in this LeaseIf possible, Tenant shall not be entitled to nor shall Tenant make claim for any diminution or abatement of minimum rent or additional rent or other compensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment, suspension, work or inconveniencereceive reasonable advance notice. Section 21.0442.05. Landlord may fix in its reasonable discretion, at any time and from time to time, the hours during which, and the regulations under which, foods and beverages may be brought into the Building by persons other than the regular employees of Tenant. Section 42.06. If the Tenant elects to hire maintenance contractors for its own use, then Tenant agrees to employ such office maintenance contractors as Landlord may from time to time designate, for all waxing, polishing, lamp replacement, cleaning and maintenance work in the Demised Premises, provided that the quality thereof and the charges therefor are reasonably comparable to that of other contractors. Tenant shall reimburse Landlord promptly for not employ any other contractor without Landlord's prior written consent. Nothing herein is intended to reduce the actual out-of-pocket cost to Landlord of removal from the Demised Premises cleaning and the Building of any refuse and rubbish of Tenant not covered by the Cleaning Specifications (Schedule D) and Tenant shall pay all bills therefor when rendered. Section 21.05. If Tenant shall request Landlord to furnish any maintenance services in addition to those hereinabove provided or perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly thereafter the charges therefor, which charges are deemed to be additional rent and payable as suchprovided by Landlord. Section 21.06. Landlord shall provide security in the Building lobby and Tenant shall have access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week, subject to emergencies, police power and Article 34. Section 21.07. Landlord represents that the Building facility equipment is Y2K ready and the Building shall be operated and maintained as a first-class building similar to other first-class buildings in the vicinity of the Building.

Appears in 1 contract

Samples: Lease Agreement (Logical Design Solutions Inc)

SERVICES AND EQUIPMENT. Section 21.01. Subject to the provisions of Section 21.05, so long as this Lease remains in effect, Landlord shall, at its cost and expense: (a) Provide operatorless passenger elevator service Mondays through Fridays facilities on business days from 8:00 A.M. a.m. to 6:00 P.M., holidays excepted. A p.m. and shall have at least one passenger elevator will servicing the demised premises subject to call at all other times in sufficient amounts to transport traffic to and from the demised premises in a reasonably timely manner. At Landlord's option, the elevators shall be available 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. A 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 available Mondays through Fridays, holidays excepted, only from 8:00 to 6:00 P.M. The freight elevator on a non-exclusive basis and shall be available on a "first comesubject to the Rules and Regulations. In connection with Tenant's use of the freight elevators, first served" basis during Tenant shall have non-exclusive access to the said days loading bays, docks and hours hallways servicing the freight elevators in accordance with the Rules and on a reservation "first come, first served" basis other than on said days and hours at Landlord's customary charges thereforRegulations. (b) Maintain and in good repair the Base Building standard heatingair conditioning, heating and ventilating systems including without limitation the Base Building interior air-conditioning units and the fan coil units in the peripheral system serving the demised premises. Such air conditioning system servicing conditioning, heating and ventilation systems will function when seasonably required (subject to the Demised Premises (design criteria, including occupancy and connected electric load design criteria) in accordance with the "HVAC System") installed by Landlord, except for those repairs which are the obligation of Tenant pursuant to Article 6 of this Leasespecifications annexed hereto as Schedule 0 hereof. The HVAC System will 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 as required on a 24-hour, 7-day per week basis, and Tenant shall not incur additional charges in respect of the operation thereof (i) except as set forth in Article 4 hereof with respect to 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 as and when seasonably required by law, or for the comfortable occupancy of the Demised Premises (as determined by Landlord) throughout the year on Mondays through Fridays, holidays excepted, Business Days from 8:00 A.M. 7:00AM to 6:00 P.M.; provided 6:00PM. Landlord has informed Tenant that Tenant shall draw and close the draperies or blinds for the windows of the Demised Premises whenever the HVAC system is in operation demised premises and the position 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 sun so requires demised premises under the conditions set forth in the immediately preceding sentence shall be at the sole risk, responsibility and shallhazard 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, cooperate fully times and shall comply with and observe all regulations and requirements prescribed by Landlord and abide by all of the Rules and Regulations which Landlord may prescribe for the proper functioning of the HVAC Systemheating, ventilating and air-conditioning systems. Nothing contained herein shall be deemed to require Landlord agrees to furnish at Landlord's expense such electric energy as is required to operate the HVAC System servicing air conditioning, heating and ventilating systems serving the Demised Premises in accordance with their design criteria unless demised premises and on the floor of the demised premises and subject to the provisions of Article 4 hereof, all such electric energy and/or water conservation programs, guidelines or laws and/or requirements of public authorities, shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as furnished to provide reduced service in accordance therewith. Tenant expressly acknowledges at Tenant's cost and expense; provided however that some or all windows are or may be hermetically sealed and will not open and Landlord makes no representation as electric to operate the habitability of the Demised Premises at any time the HVAC System perimeter fan coil system is not in operation. Tenant hereby expressly waives any claims against Landlord arising out of the cessation of operation of the HVAC System, or the suitability of the Demised Premises when the same is not in operation, whether due to normal scheduling or the reasons set forth in Section 21.03. Said system is designed to be capable of manufacturing, within tolerances normal in first-class office buildings, inside space conditions averaging 78 degrees Fahrenheit dry bulb and 50% relative humidity when outside conditions are 95 degrees Fahrenheit dry bulb and 75 degrees Fahrenheit wet bulb, and a temperature of not lower than an average of 68 degrees Fahrenheit when outside temperature is 50 degrees Fahrenheit or lower. Landlord will not be responsible for the failure of the HVAC System if such failure results from the occupancy of the Demised Premises by more than an average of one (1) person for each one hundred (100) square feet in any separate room or area, and upon a combined lighting and standard electrical load not to exceed three (3) xxxxx per usable square foot (excluding serviced through Tenant's direct electric meter but rather through the Building HVAC), or if Tenant shall install and operate machines, incandescent lighting and appliances the total connected electrical load in excess of the Building's electrical specifications, as determined by Landlord's consulting engineerscommon area electric meter. If Tenant shall occupy require air-conditioning from the Demised Premises at an occupancy rate Base Building interior air-conditioning units during the hours or days when the core system does not function automatically as described herein, Tenant shall have the responsibility of greater than that for which activating the HVAC System was designed, or if the total connected electrical load is in excess core air-conditioning system by use of the Buildingcore air-conditioning telephone system (which will be activated by use of a telephone 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, the Tenant shall give Landlord reasonable advance notice thereof and Tenant shall pay therefor Landlord's electrical specificationsthen standard charge as additional rent hereunder, which is $350 per hour, as determined by Landlord's consulting engineersof the date hereof, or if 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 partitions request and at no cost to 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 demised premises in accordance with the provisions of this Lease. After the completion of Tenant's Work, Tenant shall be arranged entitled to receive additional condenser water in such a way as an amount not to interfere with the normal operation exceed Tenant's Expense Share of the HVAC Systemsurplus Building condenser water allocated for tenant 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 contractor reasonably acceptable to Landlord may elect and to make changes furnish a copy of said contract and all extensions thereof to the HVAC System or the ducts through which it operates required by reason thereof, and the cost thereof shall be reimbursed by Tenant to Landlord, as additional rent, Landlord within twenty ten (2010) days after presentation of a xxxx therefordemand. Landlord, throughout the term, shall have free access to all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access thereto, or interfere with the moving of Landlord's equipment to and from the enclosures containing said installations. Neither Tenant nor any person or entity within Tenant's control shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise in any manner affect said mechanical installations, except as set forth herein with respect to the thermostatic controls within the Demised Premises. (c) Provide Building standard cleaning services in Tenant's office space and public portions of the Building, except no services shall be performed Saturdays, Sundays and holidays, in accordance with Schedule "D" annexed hereto and made part hereof. If, however, any additional cleaning of the Demised 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 Demised Premises or the Building for such purpose. Tenant, at its own cost, may utilize its own employees or outside contractors to perform additional cleaning services in the Demised Premises, provided such employees or outside contractors do not cause any labor disruption or dispute or violate Landlord's union contracts affecting the Building. However, such use of outside contractors shall be subject to the right of Landlord to match the costs chargeable by such outside contractors, in which event Landlord shall perform routine testing and maintenance of such services at Building condenser water tower and shall give Tenant reasonable prior notice of such cost, testing. Landlord shall cooperate with Tenant in order to be paid by Tenant within twenty (20) days after being billed therefor. Tenant shall pay schedule such testing so as to Landlord minimize material interference with the cost of removal of any conduct of Tenant's refuse and rubbish from business. In addition, Landlord shall permit Tenant to penetrate the Demised Premises and the Building (i) to the extent that the same, in any one day, exceeds the average daily amount facade of refuse and rubbish usually attendant upon the use of such Demised Premises as offices, as described and included in Landlord's cleaning contract for the Building or recommended by Landlord's cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink, excluding food or drink for normal business use. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as additional rent within twenty (20) days after the time rendered. Tenant, at Tenant's expense, shall cause the Demised Premises to be exterminated from time to time to the satisfaction of Landlord and additionally shall cause all portions of the Demised Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Demised Premises or the Building for the purpose purposes of providing such extermination services, unless such persons have been approved by Landlord. If so requested by Landlord, installing louvers for supplemental air-cooled air-conditioning units installed in the demised premises provided and on condition that: (i) Tenant shall store any refuse generated by elect only one (l) of the consumption two lites of food or beverages glass on the Demised Premises in a cold box or similar facility. (d) Furnish hot and cold water for lavatory and drinking purposes. If Tenant requires, uses or consumes water for any other purposes, Landlord may install a meter or meters or other means north side of the Building designated on Schedule P annexed hereto to measure Tenant's water consumption, and Tenant shall reimburse Landlord be replaced for the cost of the meter or meters and the installation thereof, and shall pay for the maintenance of said meter equipment and/or pay Landlord's cost of other means of measuring such water consumption by Tenant. Tenant shall pay to Landlord on demand the cost of all water consumed as measured by said meter or meters or as otherwise measured, including sewer rents. (e) If Tenant shall require and request any of the foregoing services at times other than above provided, and if such request is made at least twenty-four (24) hours prior to the time when such additional services are required, Landlord will provide them and Tenant shall pay to Landlord promptly thereafter the charges therefor at the then Building standard rate charged to other tenants in the Building. Section 21.02. Holidays shall be deemed to mean all federal holidays, state holidays and Building Service Employees Union Contract holidays. Section 21.03. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Lease when necessary by reason of accident, emergency, mechanical breakdown or when required by any law, order or regulation of any Federal, State, County or Municipal authority, or for any other cause beyond the control of Landlord. Landlord shall use due diligence to complete all required repairs or other necessary work as quickly as possible so that Tenant's inconvenience resulting therefrom may be for as short a period of time as circumstances will reasonably permit. Except as otherwise provided in this Lease, Tenant shall not be entitled to nor shall Tenant make claim for any diminution or abatement of minimum rent or additional rent or other compensation, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruptionlouvers, curtailmenti.e., suspensionthe easternmost or westernmost lite, work or inconvenience. Section 21.04. Tenant shall reimburse Landlord promptly for the actual out-of-pocket cost to Landlord of removal from the Demised Premises and the Building of any refuse and rubbish of Tenant not covered by the Cleaning Specifications (Schedule D) and Tenant shall pay all bills therefor when rendered. Section 21.05. If Tenant shall request Landlord to furnish any services in addition to those hereinabove provided or perform any work not required under this Lease, and Landlord agrees to furnish and/or perform the same, Tenant shall pay to Landlord promptly thereafter the charges therefor, which charges are deemed to be additional rent and payable as such. Section 21.06. Landlord shall provide security in the Building lobby and Tenant shall have access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week, subject to emergencies, police power and Article 34. Section 21.07. Landlord represents that the Building facility equipment is Y2K ready and the Building shall be operated and maintained as a first-class building similar to other first-class buildings in the vicinity of the Building.and

Appears in 1 contract

Samples: Lease Agreement (Investment Technology Group Inc)

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