Common use of Services and Utilities Provided Clause in Contracts

Services and Utilities Provided. So long as Tenant is not in --- ------------------------------- default hereunder, Landlord agrees to furnish to the Premises, at no expense whatsoever to Tenant (subject to the provisions of Paragraph 7 (b) hereof), 24 hours per day except in the case of emergencies and repairs and subject to Paragraph 17 b, and subject to the Rules and Regulations of the Building, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required for the comfortable use and occupation of the Premises, and janitorial service in accordance with the services listed in Exhibit "E" Landlord shall also maintain and keep lighted, at all times after dark, the common stairs (including the exterior stairs of the Premises), the underground garage, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, or as a result of the failure or interruption of any utility or other service provided to the Premises for any reason beyond the reasonable control of Landlord, including any failure of telephone cabling or telecommunications facilities. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord.

Appears in 1 contract

Samples: Basic Lease Information (Portal Software Inc)

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Services and Utilities Provided. So long as Tenant is not in --- ------------------------------- default hereunder, Landlord Xxxxxxxx agrees to furnish to the PremisesPremises during reasonable hours of generally recognized business days, at no expense whatsoever to Tenant (subject to the provisions of Paragraph 7 (b) hereof), 24 hours per day except be determined by Landlord in the case of emergencies and repairs and subject to Paragraph 17 bis sole discretion, and subject to the Rules and Regulations of the Building, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service in accordance with the services listed in Exhibit "E" service. Landlord shall also maintain and keep lighted, at all times after dark, lighted the common stairs (including the exterior stairs of the Premises), the underground garagestairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, or as a result of the failure or interruption of any utility or other service provided to the Premises for any reason beyond the reasonable control of Landlord, including any failure of telephone cabling or telecommunications facilities. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord.

Appears in 1 contract

Samples: Basic Lease Information (Netsource Communications Inc)

Services and Utilities Provided. So long Tenant shall (where practicable) contract for and pay directly when due, for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges, cleaning, waste disposal and other utilities and services used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. If any such services are not separately billed or metered to Tenant, Tenant shall pay within 5 days of Landlord’s demand, an equitable proportion, as determined in good faith by Landlord, of all charges billed or metered with other premises. The charge shall be at the rates charged for such services by the local public utility. Tenant is not in --- ------------------------------- default hereundershall be responsible for providing janitorial service for the Premises at its sole cost and expense, and Tenant hereby acknowledges that Landlord agrees shall have no obligation whatsoever to furnish provide janitorial service to the Premises. The janitorial services shall be performed by Tenant’s employees or a bonded union janitorial contractor, at no expense whatsoever to which contractor (if applicable) shall be reasonably approved by Landlord. Tenant (subject to shall comply with all rules and regulations which Landlord may reasonably establish for the provisions proper functioning and protection of Paragraph 7 (b) hereof), 24 hours per day except in the case of emergencies and repairs and subject to Paragraph 17 b, and subject to the Rules and Regulations any common systems of the Building. Landlord’s failure to furnish, electricity for normal lighting and fractional horsepower office machinesor any interruption, heat and air conditioning required for diminishment or termination of, services due to the comfortable use and occupation application of the Premises, and janitorial service in accordance with the services listed in Exhibit "E" Landlord shall also maintain and keep lighted, at all times after darkLaws, the common stairs (including the exterior stairs failure of the Premises)any equipment, the underground garageperformance of repairs, common entries and toilet rooms improvements or alterations, utility interruptions or the occurrence of an event of force majeure described in Section 30, shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the Building of which the Premises are a partobligation to fulfill any covenant or agreement. Landlord shall not be liable foruse, and Tenant shall not be entitled to, reasonable efforts to remedy any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, or as a result of the failure or interruption of any utility or other service provided to the Premises for any reason beyond the reasonable control of Landlord, including any failure of telephone cabling or telecommunications facilities. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises furnishing of services and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordutilities.

Appears in 1 contract

Samples: Consent Agreement (NovaRay Medical, Inc.)

Services and Utilities Provided. So long Tenant shall (where practicable) contract for and pay directly when due, for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges, cleaning, waste disposal and other utilities and services used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. If any such services are not separately billed or metered to Tenant, Tenant shall pay within 5 days of Landlord’s demand an equitable proportion, as determined in good faith by Landlord, of all charges billed or metered with other premises. The charge shall be at the rates charged for such services by the local public utility. Tenant is not in --- ------------------------------- default hereundershall be responsible for providing janitorial service for the Premises at its sole cost and expense, and Tenant hereby acknowledges that Landlord agrees shall have no obligation whatsoever to furnish provide janitorial service to the Premises. The janitorial services shall be performed by Tenant’s employees or a bonded janitorial contractor, at no expense whatsoever to which contractor (if applicable) shall be reasonably approved by Landlord. Tenant (subject to shall comply with all rules and regulations which Landlord may reasonably establish for the provisions proper functioning and protection of Paragraph 7 (b) hereof), 24 hours per day except in the case of emergencies and repairs and subject to Paragraph 17 b, and subject to the Rules and Regulations any common systems of the Building. Landlord’s failure to furnish, electricity for normal lighting and fractional horsepower office machinesor any interruption, heat and air conditioning required for diminishment or termination of, services due to the comfortable use and occupation application of the Premises, and janitorial service in accordance with the services listed in Exhibit "E" Landlord shall also maintain and keep lighted, at all times after darkLaws, the common stairs (including the exterior stairs failure of the Premises)any equipment, the underground garageperformance of repairs, common entries and toilet rooms improvements or alterations, utility interruptions or the occurrence of an event of force majeure described in Section 30, shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the Building of which the Premises are a partobligation to fulfill any covenant or agreement. Landlord shall not be liable foruse, and Tenant shall not be entitled to, commercially reasonable efforts to remedy any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, or as a result of the failure or interruption of any utility or other service provided to the Premises for any reason beyond the reasonable control of Landlord, including any failure of telephone cabling or telecommunications facilities. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning systemfurnishing of services and utilities within a commercially reasonable period of time, Landlord reserves the right subject to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordforce majeure.

Appears in 1 contract

Samples: Office Lease (Cepheid)

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Services and Utilities Provided. So long as Tenant is not in --- default ------------------------------- default hereunder, Landlord agrees to furnish to the PremisesPremises during reasonable hours of generally recognized business days, at no expense whatsoever to Tenant (subject to the provisions of Paragraph 7 (b) hereof), 24 hours per day except be determined by Landlord in the case of emergencies and repairs and subject to Paragraph 17 bits sole discretion, and subject to the Rules and Regulations of the Building, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service in accordance with the services listed in Exhibit "E" service. Landlord shall also maintain and keep lighted, at all times after dark, lighted the common stairs (including the exterior stairs of the Premises), the underground garagestairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, or as a result of the failure or interruption of any utility or other service provided to the Premises for any reason beyond the reasonable control of Landlord, including any failure of telephone cabling or telecommunications facilities. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord.

Appears in 1 contract

Samples: Basic Lease Information (Netsource Communications Inc)

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